Terms of Use

GENERAL

This Terms of Use Agreement (the "Agreement") is an agreement between you, a user of the Website (a “User”), and Tutor Chat Live Foundation, Inc. (the “Foundation”).  This Agreement sets forth the legally binding terms for your use of the website located at http://www.tutorchatlive.org (the “Website”) and the services provided on such Website (the “Services”).  By entering the Website, remaining on the Website, returning to the Website or using the Services, you acknowledge that you have read and understand this Agreement, and that you accept and agree to be bound by the terms and conditions of this Agreement, including without limitation the terms regarding limitations on the Foundation’s liability.  The Foundation reserves the right, at its sole discretion, to update or revise this Agreement.  Please check the “Terms of Use” section of the Website periodically for changes to this Agreement. Your use of the Website or the Services following the posting of any changes to this Agreement will be deemed to signify your acceptance of such changes.

You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a registered user of the Website (a “Member”), communicate with other Users and make use of the the Services, you must read this Agreement and indicate your acceptance during the registration process.

 

The Website offers the opportunity for Members to submit content, text, photos, and other information (hereinafter, "Content") for posting on the Website under certain terms and conditions, and for all Users to access such Content via the World Wide Web.

You are solely responsible for the Content you publish or display (hereinafter, "post") on the Website or transmit to other Users. You will not post on the Website, use the Services, or transmit to other Users or to the Foundation or its employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile or in any Content you post any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. The Foundation has the right, but not the obligation, to reject any profile, photo or other Content that does not comply with the prohibitions set forth in this section. The Foundation reserves the right to refuse service to anyone, at its sole discretion.

The Website contains reviews and feedback of personal profiles. You agree that you are solely responsible for the Content you publish, display or otherwise communicate in any manner or transmit via the Website. The Foundation does not and cannot make any warranty or guarantee about the accuracy, validity, or timeliness of any information provided in these reviews. You should not rely on the information contained on the Website to form an opinion about a person.

 

ONLINE CONTENT

Opinions, advice, statements, offers, or other information or Content made available through the Website, but not directly by the Foundation, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. THE FOUNDATION DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE AND IT NEITHER ADOPTS NOR ENDORSES, NOR IS IT RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE FOUNDATION. THE FOUNDATION IS NOT RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO USERS.

INTELLECTUAL PROPERTY

All intellectual property rights in and to the Website and the Services are and shall be owned by the Foundation, absolutely. Those rights include, but are not limited to, database rights, copyrights, design rights, patents, trademarks, logos, service marks (in each case, whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. Although each User must agree to the terms and conditions set forth in this Agreement, the Foundation cannot guarantee that each User is at least the required minimum age, nor does the Foundation accept responsibility or liability for any content, communication or other use or access of the Website by persons under the age of 18 (or such other minimum age as may apply in other jurisdictions) in violation of this Agreement. It is possible that other Users, including unauthorized users, may post or transmit offensive or obscene materials through the Website and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Services. Those others may use your information for purposes other than what you intended. The Foundation is not responsible for the use of any personal information that you disclose on the Website or using the Services. Please carefully select the type of information that you post on the Website or release to others. THE FOUNDATION DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

 

 

LIMITATIONS ON LIABILITY

The Foundation claims immunity from liability with respect to Content posted by Users to the fullest extent available under the law and as provided under the Communications Decency Act, and nothing in this agreement is intended to waive or limit such immunity. In no event shall the Foundation be liable to you or to any other party for damages or losses (whether direct, indirect, consequential or otherwise) in connection with Content posted by Users, including but not limited to damages for slander and/or defamation of character.

The Foundation and its third party partners and providers use commercially reasonable efforts to maintain the Website, but the Foundation is not responsible for the results of any defects that exist in the Website, or any resulting lost profits or other indirect or consequential damages. The Foundation makes no representation that the Website and the Services are error free and advise that the Website may be used at your own risk without any expectation of indemnity.

To the fullest extent permitted by law, you hereby release the Foundation, its officers, directors, trustees, members, employees, agents, representatives, volunteers and assigns (collectively, the “Released Parties”) with respect to, and agree that the Released Parties shall have no liability in respect of, any losses, costs or damages (whether direct, indirect, consequential or otherwise) suffered by you as a result of your use of the Website or the Services (including without limitation losses arising out of a dispute between you and another User) or from any computer virus transmitted through the Website or the Services or other services accessed from the Website or the Services, whether such losses, costs or damages arises from the Foundation’s negligence or otherwise, and even if the Foundation is expressly informed of the possibility of such losses, costs or damages.  In no event shall the Released Parties’ aggregate liability to you for all damages, costs, losses and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) arising from this Agreement, including the Privacy Statement, or your use of the Website or the Services exceed, in the aggregate, $100.00 (US).