TERMS OF SERVICE
EFFECTIVE DATE: May 25, 2018
- Thank you for using Webinara! Please read these terms of service (“Terms”) carefully. By register or signing up for an account as a Webinara Host or Webinara Member, you are consenting to be bound by and are becoming a party to these Terms. If you don’t agree to these Terms, you must immediately discontinue your use of the Services.
- The Terms cover your use and access to our services, client software, products and websites provided and offered by Webinara at any time (“Services”), without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with Webinara will always include, at a minimum, the terms and conditions set out in this document.
- Webinara is a Delaware limited liability company whose legal name is Webinara Inc.
- The terms “Webinara”, “we”, “us”, “our”, “owner” or any grammatical variation of the preceding terms shall refer to Webinara Inc., whereas the terms “you”, “your”, “user” or any grammatical variation shall refer to our clients or the user of any of our interfaces as defined in paragraph 4 below, including but not restricted to our websites or emails.
- What is Webinara? Webinara enables two key features::
- As a Webinara Host Webinara enables you to promote, managing and tracking webinars or webcasts (hereinafter “webinars”) to Webinara Members in compliance with the Terms and to the extent permitted under all applicable laws and regulations (foreign and domestic). This requires you to create and administer a Webinara Host account. Webinara Hosts must fill out a webinar form to post their webinars.
- As a Webinara Member Webinara enables you to track, follow and attend webinars that are deemed relevant to you according to your registration details. This requires you to create and administer a Webinara Member account.
- Webinara Hosts and Webinara Members are able to communicate with each other through the social features enabled. This feature can be turned off if desired or for privacy reasons by Webinara Members.
- The features and services are available on or through our websites and domains or otherwise provided by us and the software available on or through our websites and domains or otherwise provided by us (including our mobile applications).
- Webinara Host: Client and/or user of services provided by Webinara to its Hosts according to terms and conditions for such membership, and that have been given the status as a Webinara Host.
- Webinara Member: Client and/or user of services provided by Webinara to its Members according to terms and conditions for such use, and that have been given the status as a Webinara Member.
- Client and/or User: Webinara Host or Webinara Member.
- Partner: Inter alia Companies, entities, Organizations Webinara has partnered with to provide services, such as reselling, distribution, marketing, cooperation or other initiatives.
- Webinara Host plan: Agreement entered into between Webinara Host and Webinara with regard to Services offered to such clients.
- Webinara Partner plan: Agreement entered into between Webinara Host and Partner delivered by Webinara in accordance with the agreed Services offered to such clients.
- Site or website: All www.webinara.[prefix] sites or sub-domain administered by Webinara or its affiliates.
- Services: Services, client software, products, platform, portal and websites provided and offered by Webinara at any time.
- Organization: Any commercial cooperation or enterprise or non-profit organization.
- Ex Ante Control: Webinara’s review and control of Webinara Hosts’ promoted webinars.
- Content: All webinars and related content and information related therein as promoted or advertised by Webinara Hosts by the use of the Services. All information provided or displayed on the Site by Webinara Hosts or Webinara Members, e.g., company information, name, title, biography, messages, questions, comments, blog articles or any other information that Webinara facilitates for the users as part of the Services.
- When you use our Services, you may provide us with things like your files, Content, email messages, contacts and so on. Such information is yours. The Terms don’t give us any rights to such information except for the limited rights that enable us to offer the Services. See also paragraph 58 below.
- Our Services are not intended for and may not be used by people under the age of 18. By using our Services, you are representing to us that you’re over 18.
General legal terms
- The Terms constitute the entire legal agreement between you and Webinara and govern your use of the Services, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any services or products which Webinara may provide to you under a separate written agreement), and completely supersede and replace any other prior or contemporaneous agreements, proposals, discussions or communications between you and Webinara on the subject matter hereof, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
- You also may be subject to additional terms and conditions that may apply when you use and take advantage of Webinara’s additional services, third party Content, third party software or the Services in a manner other than as governed by the Terms.
- You agree that if Webinara fails to or does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Webinara has the benefit of under any applicable law), this will not be taken to be a formal waiver of Webinara’s rights and that those rights or remedies will still be available to Webinara. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever.
- If a provision is found unenforceable, the remaining provisions of the Terms will remain in full force and effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under the Terms, and any such attempt will be void. Webinara may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the country in which you reside.
- This agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, including its conflicts of law rules, and the United States of America.
Acceptance of Terms of Services
- You are expected to be aware of our terms of services prior to making use of our Services. Your use of our websites or any other means of communication to interact with us shall be construed as your acceptance of our terms of service even if no transaction has taken place.
- In order to make use of our Services you must agree to the terms laid down in this document. You may not make use of our Services if you do not agree to our terms of service.
Provision of the Services by Webinara
- Webinara intends to provide you with the finest Services and we would try to innovate our services with time. You acknowledge that the nature or the form of the Services offered by us may change with time.
- You acknowledge and agree that Webinara may stop (permanently or temporarily) providing the Services (or any features of such Services) with or without notice, generally at Webinara’s sole discretion.
- You acknowledge and agree that while Webinara may not currently limit your use of the Services in any way, it may do so if your use hinders with the ability of Webinara to carry on its operations or the ability of other customers to use the Services.
- The supply of Services to Webinara Hosts will be subject to your making payments at the regular intervals in the manner as stated in the price plan chosen for the service when signing up. In the event of the service being permanently or temporarily stopped by us, Webinara’s liability shall extend only to forfeiting the outstanding amount due for the current billing cycle according to the relevant Webinara Host Webinara shall not be called on to repay any amount received by us during any previous billing cycle.
- Webinara shall not be responsible for any loss or damage caused by modification of the features, limitation of use of our Services or the discontinuation altogether thereof.
- Webinara may, upon request, and for such fees as Webinara may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation providing consultants and staffers to assist you on the date of your webinars, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of the Terms. Such additional services shall be set forth in a written Addendum Agreement to the Terms between you and an authorized officer of Webinara, and shall set forth the Service fee and the other terms and conditions relating to such additional services.
Use of Webinara’s Services
- In order to access certain Services provided by Webinara or for your continued use of the Services, you may be required to provide information about yourself. You agree that any information you give to Webinara will always be accurate, correct and up to date. Webinara shall not be liable for any loss or damage caused due to faulty information provided to us by you. If you provide any information that is untrue, inaccurate, not current or incomplete, or Webinar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Webinara has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).
- You agree not to access (or attempt to access) any of the Services by any means other than through the interfaces provided by Webinara, You specifically agree not to access (or attempt to access) any of the Services through any automated means (including through the use of scripts or web crawlers). Unless you have been specifically permitted to do so in a separate agreement with Webinara, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services or products for any purpose.
- You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and Webinara and for the consequences (including any loss or damage which Webinara may suffer) of any such breach.
- If you sign up for a Webinara Host account, you must use it in compliance with your employer’s terms and policies and the current terms of service and acceptance of use policies from your webinar platform provider.
Third party web site and links
- Further, the Services may provide, or third parties may provide, links to other Internet websites or resources. Because Webinara has no control over such websites and resources, you acknowledge and agree that Webinara is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that Webinara shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, advertising, products, services or other materials available on or through any such website or resource.
- Webinara has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Webinara of the site. Use of any such linked web site is at the user’s own risk.
Security of your account
- Webinara shall provide its services primarily through its websites. You might need to make use of a web-based account to make use of our services. You agree and understand that you are responsible to Webinara and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the Services. You will be solely responsible for all activities that occur under your account.
- Webinara will take due care to ensure the confidentiality of your credentials, and are fully responsible for all activities that occur under your account. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Webinara database, Webinara shall not be made liable for the resulting damages.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify Webinara immediately to [email protected] We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. Since Webinara do not have any access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. For safety reason you agree to ensure that you exit from your account at the end of each session.
- We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Services, is and will remain complete and accurate.
Personal data security
Content in Webinara’s Services
- You should be aware that Content promoted and presented to you as part of the Services, including but not limited to advertisements and promotional material of Webinara or other affiliated companies, is protected by intellectual property rights which are owned by Webinara, or the sponsors or advertisers who provide that Content to Webinara (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative work based on this Content (either in whole or in part) unless you have been specifically permitted to do so by Webinara or by the owners of that Content, in a separate agreement. Any rights not expressly granted herein are reserved.
- Any Content being disseminated by Webinara Hosts using Webinara’s Services may be pre-screened, reviewed, flagged, filtered, modified or simply refused or removed. Any spam or pornographic material and/or any illegal content not detected through Webinara’s ex ante control of publishing will be immediately deleted and we reserve the right to take appropriate legal action.
- With regard to Webinara’s Ex Ante Control, the following apply: You acknowledge that Webinara does not necessarily pre-screen all Content provided or made available by you or any third party in connection with the Services, but that Webinara and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your linked and promoted Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that Webinara may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of Webinara, its users and/or the public.
- You understand that the technical processing and transmission of the Services, including your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- You acknowledge and agree that if you contribute, provide or make available any content to the Site, you hereby grant to Webinara a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever.
- You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, your Content must be accurate and truthful. Webinara reserves the right to remove any of your Content from the Site at any time if Webinara believes in its sole discretion that it does not comply with the Terms. In addition, you agree that Webinara may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of Webinara both on the Site and in marketing and promotional materials.
- You agree that you are solely responsible for (and that Webinara has no responsibility to you or to any third party for) any Content that you create, transmit or display while using our Services or for the consequences of your actions (including any loss or damage which Webinara may suffer) by doing so.
- You understand that by using the Service you may be exposed to Content of other users that you may find offensive, indecent or objectionable and that, in this respect, you use the services and products at your own risk. Webinara shall not be made responsible for any repugnant Content circulated by other users. On noticing any such Content, it is your duty to bring it to the attention of Webinara employees immediately.
- Payments are all transacted through, either (a) PayPal, Stripe or other third party payment service methods or (b) the Webinara payment processing gateway. Any payments are regulated according to the relevant provisions and rules that apply to the chosen payment method. Webinara is not responsible for any damages or claims that may arise between a Client and the supplier of a chosen payment method.
- The payment mode for the offering may be either fixed, invoice based or recurring. The payment cycle will be in the manner decided at the discretion of Webinara and agreed when signing up for a Webinara Host plan. We’ll automatically bill you from the date you sign up for a Webinara Host plan or convert from Webinara Member to Webinara Host on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
- For Webinar Hosts that are using the Services through a plan and agreement that is entered into between Webinara and a Webinara Partner the following shall apply: The Partner will take care of all invoicing and billing directly with Webinara, and the Webinar Hosts will not be responsible for any payment to Webinara. If the Partner or Webinara terminate the overall plan and agreement or terminate the plan and agreement for a single Webinara Host, The relevant Webinara Host is offered to select a normal subscription plan, and will in that case be subject to the normal payment terms as described here.
- Upon receipt of a credit card authorization or PayPal payment from clients using Services subject to payment, Webinara generates an invoice and receipt and issues a unique confirmation number.
- You may cancel your Webinara Host plan at any time but you won’t be issued a refund unless it’s legally required. Your Webinara Host plan will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for according to you Webinara Host plan on time, we reserve the right to suspend it or reduce your Webinara Host plan accordingly at our own discretion.
- In the event Webinara Host fails to pay to Webinara any amount owed pursuant to the Terms when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Webinara Host to Webinara under the Terms or otherwise, Webinara may, without limiting its other rights and remedies, (i) deduct such amounts from Webinara Host‘s outstanding balance, whether for that particular billing cycle or for any other services that Organizer lists through the Services; and/or (ii) send an invoice to Webinara Host for such amounts to the extent Webinara Host‘s outstanding balance is insufficient to cover these costs, in which case Webinara Host shall pay Webinara such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to Webinara hereunder are not made by Webinara Host when due, Webinara reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Webinara Host‘s registration for the Services (including any and all accounts that Webinara Host may have) and to cancel all other webinars listed by Webinara Host. This provision applies as far as possible for Webinara Member’s use of services subject to payment.
- All Fees charged by Webinara do not include any taxes except to the extent that a tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any taxes that are imposed and payable on such Fees (other than those calculated based on Webinara’s net income) to Webinara. If you are outside the United States, you may be required to self-assess certain indirect taxes on our fees (or certain portions of our fees) under the applicable reverse charge procedure on your indirect tax returns. To the extent you are required to self-assess, Webinara will use reasonable efforts to note that on your invoices.
Intellectual Property Rights
- You acknowledge and agree that Webinara owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Webinara and that you shall not disclose such information without Webinara’s prior written consent.
- The trademarks, service marks, and logos of Webinara used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Webinara. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties. The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in connection with the Services without the prior written consent of Webinara specific for each such use. The trademarks as mentioned above may not be used to disparage Webinara, any third party or Webinara’s or third party’s products or services, or in any manner (in Webinara’s sole judgment) that may damage any goodwill in these trademarks.
- Use of any trademarks as part of a link to or from any site is prohibited unless Webinara approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Webinara trademark shall inure to Webinara’s benefit.
- Unauthorized use of our trademark, logos etc shall be subject to appropriate statutory laws.
- You additionally agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Services obtained from Webinara through unauthorized use of such trademarks, service mark etc shall be considered as forgery.
- Webinara acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Webinara, you agree that you are responsible for protecting and enforcing those rights and that Webinara has no obligation to do so on your behalf.
- We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: Webinara, INC., 387 Park Avenue South, 5th Floor, New York City, New York, 10016, USA, [email protected] For US Clients, The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to our designated agent: Webinara, INC., 387 Park Avenue South, 5th Floor, New York City, New York, 10016, USA, [email protected]
- Webinara gives you a non-exclusive license, non-transferable, non-sublicensable right to use the interface provided to you by us as part of Webinara’s Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Webinara either or both as a Webinara Host and/or Webinara Member, in the manner permitted by these terms.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the interface or any part thereof (except to the extent such restriction is prohibited by applicable statutory law).
- Unless Webinara has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services or otherwise transfer any part of your rights to use the Services.
Notice and Changes to the Terms
- Notices to you may be made via either email or regular mail to the address in Webinara’s records.
- Webinara may make changes to the Terms from time to time. Webinara shall try to inform you of such changes as early as possible, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, and posting on our blog or on this page).
- It is your responsibility to check the Terms periodically for changes. Your continued use of the Services will indicate your acceptance of the modified Terms. We may change the fees for Webinara Host plans in effect but will give you advance notice of these changes via a message to the email address associated with your account.
- If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
Termination of your relationship with Webinara
- The Terms will continue to apply until terminated by either you or Webinara as set out below.
- Webinara may at any time, terminate its legal agreement with you if:
- You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Webinara is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).
- We also reserve the right to modify, suspend or discontinue, temporarily or permanently, or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with the Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. This includes termination of your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due Webinara, or if Webinara believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
- Except for Webinara Host accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so. You agree that Webinara shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
- You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that Webinara may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that Webinara shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of the Terms that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification, obligations, disclaimers of warranties, and intellectual property protections and licenses).
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Webinara are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
- When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Webinara are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
- We want to address your concerns without needing a formal legal case. Before filing a claim against Webinara, you agree to try to resolve the dispute informally by contacting [email protected] We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Webinara may bring a formal proceeding according to paragraphs 79 and 80 below.
- You agree that any dispute arising from or relating to the subject matter of these Terms will be decided by the state and federal courts in New York County, New York, and each party will be subject to the jurisdiction of those courts.
- You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within two (2) years after such claim or cause of action arose or be forever barred.
EXCLUSION OF WARRANTIES
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND PRODUCTS IS AT YOUR SOLE RISK AND THAT THE SERVICES AND PRODUCTS ARE PROVIDED ON AN „AS IS‟ AND „AS AVAILABLE‟ BASIS.
- IN PARTICULAR, WEBINARA DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR WEBINARS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR ANY ERRORS IN THE SERVICES WILL BE CORRECTED. AND
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WEBINARA WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBINARA OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- WEBINARA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- YOU ACKNOWLEDGE THAT WEBINARA HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF WEBINARS ADVERTISED OR PROMOTED, THE TRUTH OR ACCURACY OF ANY CLIENTS’ OR USERS' CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liabilities
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBINARA SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXAMPLARY OR CONSEQUENTIAL WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR PRODUCTS, OR OTHER INTANGIBLE LOSS.
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY CHANGES WHICH WEBINARA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE WEBINARA WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(C) ANY MATTERS BEYOND WEBINARA'S REASONABLE CONTROL.
THE SITUATIONS AS MENTIONED IN (B) ABOVE WILL BE REGARDLESS OF WHETHER OR NOT WEBINARA OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, WEBINARA, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO WEBINARA FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.
WEBINARA SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, WEBINARA IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND WEBINARA HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NOTWITHSTANDING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF CLIENTS OR USERS IN CONNECTION WITH THE SITE OR ANY SERVICES TO WEBINARA. WEBINARA, IN ITS SOLE DISCRETION MAY INVESTIGATE THE CLAIM AND TAKE NECESSARY ACTION.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WEBINARA, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY AND ALL DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSS, LIABILITY, COST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS AND ACCOUNTING FEES) RESULTING FROM ANY CLAIM, DEMAND, SUIT, PROCEEDING (WHETHER BEFORE AN ARBITRATOR, COURT, MEDIATOR OR OTHERWISE), OR INVESTIGATION MADE BY ANY THIRD PARTY (EACH A "CLAIM") DUE TO OR ARISING OUT OF: YOUR CONTENT; YOUR OR ANY OF YOUR AFFILIATES, OR ANY OF YOUR OR YOUR AFFILIATES OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, USE OF, CONTRIBUTION TO OR CONNECTION WITH THE SERVICES OR VIOLATION OF ANY RIGHTS OF ANOTHER; YOUR EVENT(S); AND/OR YOUR VIOLATION OF THE TERMS. WEBINARA SHALL PROVIDE NOTICE TO YOU OF ANY SUCH CLAIM, PROVIDED THAT THE FAILURE OR DELAY BY WEBINARA IN PROVIDING SUCH NOTICE SHALL NOT LIMIT YOUR OBLIGATIONS HEREUNDER. WEBINARA RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH ALL REASONABLE REQUESTS IN ASSISTING WEBINARA’S DEFENSE OF SUCH MATTER.
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