Terms of Service
2. Applicability of this Terms of Sevice. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service.
3. No Liability from Your Use of Any Third-Party Website. The Service contains links to third party websites that are not owned or controlled by Mentorware. By using the Service, you expressly relieve Mentorware from any and all liability arising from your use of any third-party website.
3. Liability for Unauthorized Use of Your Mentorware Showcase Account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mentorware immediately of any breach of security or unauthorized use of your account. Although Mentorware will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mentorware or others due to such unauthorized use.
4. Grant of License. Mentorware hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to alter or modify any part of the Service;
- You agree not to distribute in any medium any part of the Service or the Content without Mentorware's prior written authorization;
- You agree not to sell access to the Service;
- You agree to comply with all applicable laws in your use of the Service;
- You agree that Mentorware reserves the right to discontinue any aspect of the Service at any time;
- You agree that the content on Mentorware Showcase is provided to you AS IS;
- You agree to only access the content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service;
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service;
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Mentorware is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mentorware with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Mentorware, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
5. Responsibility of Contributors. If you create a showcase, course or topic on the Service, contribute to other people’s showcases, courses or topics on the Service, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, and websites, and similar unsolicited promotional methods; and
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company (for example, your profile name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mentorware or otherwise.)
By submitting Content to the Service, you grant Mentorware a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. You also hereby grant each user of the Service (subject to such limitations, if any, that may apply with respect to Premium Services) a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. If you delete Content, Mentorware will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Mentorware has the right (though not the obligation) to, in Mentorware's sole discretion (i) refuse or remove any content that, in Mentorware’s reasonable opinion, violates any Mentorware policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Mentorware’s sole discretion. Mentorware will have no obligation to provide a refund of any amounts previously paid.
6. Responsibility of Visitors. Mentorware has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Mentorware does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Mentorware disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.
7. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Mentorware links, and that link to Mentorware. Mentorware does not have any control over those non-Mentorware websites and webpages, and is not responsible for their contents or their use. By linking to a non-Mentorware website or webpage, Mentorware does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Mentorware disclaims any responsibility for any harm resulting from your use of non-Mentorware websites and webpages.
8. Copyright Infringement and DMCA Policy. As Mentorware asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Mentorware violates your copyright, you are encouraged to notify Mentorware in accordance with Mentorware's Digital Millennium Copyright Act (“DMCA”) Policy. Mentorware will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Mentorware will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Mentorware or others. In the case of such termination, Mentorware will have no obligation to provide a refund of any amounts previously paid to Mentorware.
9. Intellectual Property. This Agreement does not transfer from Mentorware to you any Mentorware or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Mentorware. Mentorware, Mentorware logo, and all other trademarks, service marks, graphics and logos used in connection with Mentorware, or the Service are trademarks or registered trademarks of Mentorware or Mentorware’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Mentorware or third-party trademarks.
10. Advertisements. Mentorware reserves the right to display advertisements on your showcases, courses or topics on Mentorware or embedded elsewhere unless you have purchased a paid account that specifically mentions that advertisements will not be displayed.
11. Attribution. Mentorware reserves the right to display attribution links such as ‘A Mentorware Showcase’ or similar links on the Service and content embedded elsewhere on the web. These attributions may not be altered or removed regardless of upgrades purchased.
12. Changes. Mentorware reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Mentorware may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
13. Termination. Mentorware may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer of Warranties. The Service is provided “as is”. Mentorware and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Mentorware nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
15. Limitation of Liability. In no event will Mentorware, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Mentorware under this agreement during the twelve (12) month period prior to the cause of action. Mentorware shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. Indemnification. You agree to indemnify and hold harmless Mentorware, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
18. Miscellaneous. This Agreement constitutes the entire agreement between Mentorware and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Mentorware, or by the posting by Mentorware of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Mentorware may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.