The following terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) govern all use of the thrive.ewassa.com website platform (the “Platform”), including any use or viewing of any Content (defined below), services and products available at or through the Platform (collectively, “Services”), by Platform visitors and participants (collectively, “Users”), both unregistered and registered (“Registered Users”). The Platform is owned and operated by Ewassa LLC, with a business address in Evergreen, Colorado and e-mail [email@example.com], (“Ewassa” or the “Company”). The Services are offered to each User subject to such User’s acceptance of all of these Terms & Conditions and all other applicable terms and conditions, operating rules, policies and procedures that are communicated from time to time on or through the Platform by Ewassa.
A User should read the T&Cs carefully before browsing or accessing the Platform or any Content or using any Services. By browsing, accessing or using any part of the Platform, including the registration by a Registered User to open an account (a “User Account”), a User agrees to be bound by these Terms & Conditions. If a User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access the Platform, use any Services or register to create a User Account.
These T&Cs include the following sections:
- Platform general description
- Categories of Users
- User Registration with the Platform
- Specific provisions for Content hosted on the Platform
- General rules for User generated Content
- Legal nature of the Platform – Disclaimers – Limitation of Liability
- Notice & take down process – Report to competent authorities
- Intellectual Property
- Applicable Law and Jurisdiction
1. Platform General Description
1.1 Welcome to the Ewassa Platform, an online learning portal designed to provide information and courses for personal healing and growth. This Platform offers on-demand courses, live online courses, guided meditations, and registration for both online and in-person events. Our aim is to provide Content and Services to enable Users to learn from multiple instructors who are aligned with our mission. In addition to accessing public information Users may also:
1.1.1 participate in on-demand courses, live online courses, webinars, online events and register for in-person events.
1.1.2 share/post Content created by the Company
1.1.3 share/post free and sponsored third-party Content (i.e., Content not created by the Company, which is referred to as “User Generated Content”) to be hosted in the Platform related to personal healing and spiritual growth;
1.1.4 receive promotional news and information;
1.1.5 promote products and services offered by Ewassa and collaborators.
1.2 Content hosted on the Platform: The Content hosted on the Platform can be distinguished as follows (all such content, including Company created content and User Generated Content is referred to collectively herein as “Content”):
1.2.1 Ewassa Content: The Platform hosts its own Content, including Articles, Courses, Webinars and other items it creates.
1.2.2 Third party Content hosted on the Platform: The Platform hosts User Generated Content that is contributed by Registered Users (User Generated Content is not controlled by the Company), which may include:
- sharing of personal experiences
- non promotional Articles
Free non-promotional Articles are Articles that include only generic informational Content as further described in article 4.1.2 below, that meets the criteria of articles 1.2.4. and 5 of the present terms and is not designed to promote the specific products or services of any specific party or business. Promotional articles are only hosted as sponsored paid Content (see below).
1.2.3 Third-party Sponsored Content: Sponsored Content is paid Content contributed by Registered Users that promotes (directly or indirectly) products and services of professionals who offer courses and content that aligns with Ewassa’s mission. Promotional Content is posted subject to payment of the relevant commissions by Registered Users under the terms and conditions set forth in these T&Cs as well as additional terms and conditions applicable for the purchase of such Additional Services as set forth in the purchase terms (“Purchase T&Cs”).
Sponsored Content includes the following types of Content:
- promotional Articles
- paid courses
- paid events
- paid webinars
- event advertisements
- links to third-party websites
1.2.4 All User-Generated Content (either free or sponsored, collectively referred as “User Generated Content”) must contribute to and be consistent with the informative and educational nature of the Platform and must follow the general rules of article 5 below as well as any specific rules and guidelines provided in the Platform, including at the point of submission of the Content and/or the purchase of the related hosting Services. The Platform is not involved in any way in the creation of User Generated Content nor does the Company control or initiate User Generated Content. Unless otherwise provisioned in the applicable Terms and/or the Purchase T&Cs, the Company reserves the right (but is under no legal or statutory obligation) to conduct a preliminary review of such Content as provisioned in article 5.3. below and may refuse to post any Content that the Company determines violates or is against the rules or policies of the Platform and/or applicable law. In any case the Platform reserves the right to delete or suspend any Content when it comes to our attention (including but not limited further to a Takedown Notice described in article 7 below) that any Content violates any of our standards or these T&Cs. The Company’s policies aim at ensuring the Platform’s primary nature as an online community and a knowledge-sharing informative Platform of lawful Content.
1.2.5 Throughout these T&Cs there are references to instances where there may be links to third party websites. For any link to any third party website, we have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from a User’s use of any such third party website. If a User decides to access any third party website, it is done at the User’s own risk.
2. Categories of Users
General Notes: The Platform’s Content is mainly targeted to people interested in furthering their spiritual growth and development. The registration process is used only as a basic verification mechanism to potentially discourage non-intended Users as well as to avoid registrations by malicious systems and bots to the extent possible. Overall, the purpose of such registration is to enhance, the reliability of the Platform as a knowledge sharing community and to promote the goals of the Platform.
Users can be divided into the following categories, depending on the Content they can access and/or contribute, as well as their purchase of Additional Services from the Platform:
2.1 Users: All Users visiting the Platform can browse the Platform and have access to informative Content. All Users can access Articles, comments, reviews, course summaries, events calendars, event descriptions, and general terms related to the websites.
2.2 Registered Users: Registered Users are Users who register and create a User Account with the Platform in order to have access to more advanced informative and educational material as well as to be able to contribute Content to the Platform. Registered Users can:
2.1.1 obtain access to premium informative Content;
2.1.2 contribute/upload informative, non-marketing/non-promotional Content to the Platform for free,
2.1.3 submit Reviews; and
2.3 Clients: (“Client Users” or “Clients”) are Registered Users who purchase any of the Additional Services provided from the Platform from time to time as provisioned in the Purchase T&Cs.
3. User Registration with the Platform
3.1 To register with the Platform and create a User Account, a User may register on-site, by filling in certain personal details (name and e-mail address); a User is then required to confirm registration by clicking on an activation link which is sent to the User at the email provided, for verification purposes.
3.2 Upon registering to the Platform, a Registered User creates: i) a User Account, including the above mandatory personal data and ii) a User Profile where each registered User can provide any personal data it wishes to voluntarily provide. More specifically:
3.2.1 “User Account”: is only used by the Platform for internal purposes (relationship between the User and Platform)—User Account data is not visible to other Users and is not transferred to any third party.
3.2.2 “User Profile”: is the profile that the User wishes to have in the Platform, which may be visible to other Users. Each User can decide what information to include in the User Profile and the extent such information will be visible to the public and other Users. However, note that for some actions it might be necessary to make the User Profile visible to other Users and reveal some User Profile data depending on the nature of the Content uploaded by the User (for example data necessary for Content reliability and attribution purposes).
3.3 Where a Registered User is a legal entity, the natural person that opens the User Account on behalf of such Registered User warrants that he/she has the legal capacity and power to (i) act on behalf of and to represent the specific legal entity/Registered User, (ii) proceed with the registration of the User to the Platform and the creation of the User Account and the User Profile, (iii) accept the present Terms and Conditions and all other policy and informative documents in the Platform (including but not limited the warranties, declarations and assignments undertaken from time to time by the Registered Users) and (iv) provide orders (such as indicative purchase orders) and to make payments to the Platform on behalf of and in the name of the registered legal entity.
3.5 The Platform reserves the right to refuse to open a User Account and/or to refuse any Content submitted by a Registered User, and/or to delete or suspend the User Account and the related User Profile if it comes to the attention of the Platform and/or if it is notified by a third party that the Registered User is not a valid person and/or the User Account/Profile has fake or false or non-accurate data, at any time. Also, the Platform reserves the right to terminate the User Account as provided in article 9 below.
3.6 Account name and Password. If a User signs up on site in the Platform, his/her registered email shall automatically become the account name; the User can change it any time with another account name. This practically means that, to change his/her account name to the Platform, the User will also have to change the e-mail address or use another e-mail address. Τo complete the creation of the personal User Account, Platform shall automatically generate a default password and send it to the email address of the User. The User shall then enter the User’s User Account by activating the default password. A User must then select a secret password. Users are advised to regularly change the password for security reasons; Users should also avoid using the same and/or easily detectable password(s) by introducing, where possible, not only letters and numbers, but also symbols in multiple combinations. In the event the User forgets the password, he/she may select the relevant “Forgot my Password” field and instructions will be sent to the User’s email in order to change the password. The account name and password shall identify uniquely each User in the Platform.
3.7 Each User Account and User Profile are personal and non-transferable. Each Registered User is responsible to retain the secrecy and non-disclosure of such Use’s password from third parties. The Platform also highly recommends that a Registered User not allow the access and use of its User Account and User Profile by any third party and not to share their secret password with anyone else.
3.8 Any act and/or omission through the User Account (including, but not limited to, the posting of Content, reviews, comments etc., the provision of information in the User Account, the submission of a takedown notice, the submission of a purchase and/or payment order etc.) shall be reasonably considered by the Platform as the act and/or omission of the Registered User, conducted with the Registered User’s prior approval and shall be binding on that Registered User. Each Registered User is solely responsible for the safety of his/her User Account and User Profile as well as for any loss or damage occurred to the User and/or to a third party and/or to the Platform from the use of that User Account up to the moment the User explicitly notifies us, at firstname.lastname@example.org, of any unauthorized access and/or use of his/her Account or any other breaches of security. This notification applies for any subsequent use. eLearning Industry will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such acts or omissions and, where applicable, shall reasonably rely on the warranties and representations of the User referred to in 3.4. above.
3.9 Deletion of a User Account:
3.9.1 If a Registered User wishes to delete the Registered User’s applicable User Account, such Registered User may e-mail the Platform at email@example.com with a request to delete the User Account. As soon as the User Account is deleted the associated User Profile will also be automatically deleted. Following such a request, Ewassa will permanently delete the User Account, as well as any data contained in the User Account and in the User Profile and all Content the User has submitted to the Platform as a Registered User, within fifteen (15) days from the submission of the User’s deletion request. The provisions of article 9 below also apply.
3.9.2 A Registered User acknowledges that by submitting a request to delete the applicable User Account, eLearning Industry will permanently delete the User’s data and Content hosted in the Platform as well as any other data hosted in the applicable User Account on behalf of the Registered User and that such User will no longer be able to retrieve such information. The Platform shall not be liable for any damages caused from this deletion of the data and Content.
3.9.3 If a User has purchased Additional Services, the deletion of the User Account might not allow the execution or the continuance of some Additional Services, if in order to receive those Services it is necessary to have an active User Account. In this context, the Purchase T&Cs for the provision of Additional Service would apply as well, as provided in the purchase terms.
3.9.4 Ewassa reserves without limitation the right to suspend and/or delete any User Account and User Profile according to the provisions of the Terms and Conditions, including but not limited to the provisions of article 9.4 below as well as the applicable overall Purchase T&Cs (in case of Additional Services); all other provisions of the present article 3.9 shall apply respectively.
4. Specific Provisions For Content Hosted On The Platform
4.1.1 Access and reading of Articles:
(a) All Users can access and read articles hosted in the Platform subject however to their User category as laid down in articles 2.1.-2.3. above; these articles are created by the Platform or by the Registered Users (as free or sponsored User Generated Content)
(b) Users can generally browse the articles by category and topic; at the end of each article Users may also find tabs with proposed topics related to the topic of the chosen article in order to re-direct to the suggested article category in the Platform or other relevant Content.
(c) Articles remain available to the Platform for as long as the Registered User/author of the article maintains an active User Account.
4.1.2 Ability to post Articles for free and/or sponsored:
(a) Registered Users can submit non-promotional articles of generic informative nature to be uploaded in the Platform for free as User Generated Content as provisioned in article 1.2.2 above.
(b) Unless otherwise provided in the Platform or herein, submitted articles must be original and have not been published previously through the Registered User’s or any other third party’s digital means (e.g. platform, blog, website, social media account, or similar mediums).
(c) 10 business days after the posting of an original Article in the Platform, a Registered User can then re-publish/upload that article through its own or third party digital means (e.g. platform, blog, website, social media account etc.)—the applicable period of time shall be determined based on the specific guidelines provided by the Platform.
(d) When a Registered User posts an Article, its User Profile data will become visible to other Users for attribution and credibility purposes. Each Registered User though has control over the volume and the type of data to be included in the User Profile as mentioned in article 3.3.2 above.
(e) Registered Users who wish to upload sponsored, promotional articles, must become a Client and purchase Additional Hosting Services – click here.
4.2 Ability to submit Comments:
4.2.1 All Users may read and post (as User Generated Content) comments on any Article (free or sponsored) hosted in the Platform, using the third party online public comment sharing platform used by the Platform, which sharing platform has its own terms and conditions as set forth in its terms of service (the “Comments Platform”).
4.2.2 To post comments, a User is not required to have a User Account in the Platform, but must register and open an account with the Comments Platform; a User must maintain that account in order for the applicable comment to remain visible on the Platform. It is noted that if a User deletes his/her account with the Comments Platform, any comments posted in the Platform could be also deleted and no longer be visible on the Platform either, subject to the Comments Platform terms and conditions.
4.2.3 Registration in the Comments Platform, as well as the posting of comments shall be subject to the Comments Platform’s Terms and Conditions (including all policy documents and privacy notices therein) which the User accepts upon opening an account with the Comments Platform and/or at any other time. The Company is not party to the above agreement(s) and does not control or have any responsibility regarding the Comments Platform’s Terms and Conditions and/or its services.
4.2.4 The Company does not (and is under no legal obligation) to review the comments Users upload in the Platform via the Comments Platform. However comments must also follow the rules set in article 5 below and Platform reserves the right to delete a comment if it determines in its discretion that there is a violation, in case it receives a Takedown Notice pursuant to article 7 herein, or for any reason it determines.
4.2.5 In any case the Comments Platform may, prior to uploading the comments, submit them to the Company for high level review for consistency and obvious infringements purposes; the above process is subject to the Comments Platform terms and conditions and at the Comments Platform’s own discretion when it considers that any comment is infringing and/or violates applicable legislation. In such case too, the Company does not control or initiate in any ways the third party content and its actions are only limited in the aforementioned high level review. Ewassa reserves the right to request the Comments Platform to remove a comment where it violates the Platform’s rules for User Generated Content, as per article 5 below, or as otherwise determined by the Platform.
4.2.6 Ewassa shall in no manner be liable for any damage caused as a result to the use of the Comments Platform, as well as in case it takes down any Content uploaded in violation of article 5 below or further to a Takedown Notice as per article 7. eLearning Industry does not endorse nor in any way represents any opinion expressed by the Users through the comments. Ewassa holds no responsibility for any loss or damage that may be caused to any third party and/or User due to the views of the Users posting the comments.
4.2.7 The present Terms and Conditions apply mutatis mutandis to the posting of comments by Users through the Comments Platform.
4.3.1 Courses are either created by Ewassa or sponsored by Instructors (as sponsored User Generated Content);
4.3.2 Registered Users can only access Courses subject to payment of a subscription fee. Those who are interested in uploading a Course must submit their content to Ewassa for review and approval. If accepted, they will be offered a percentage of the revenue generated by the course as per the Instructor Contract. Clients who upload Courses are referred as “Instructors”
(a) Access and participation in /viewing of Courses
The content of Courses to be uploaded to the Platform is intended to support personal healing and spiritual growth. Access is limited to only Registered Users. Such registration data are not available and are not transferred to any third party (including but not limited to the Instructor of the Webinars).
(b) Special rules applicable for Courses organized by Instructors and hosted in the Platform
4.3.3 Courses may be pre-recorded for on-demand viewing or scheduled to take place on a specific time/date set by the Instructor. At the point of registration to the Course, the Registered User will be informed of the manner of course consumption.
4.3.4 Registered Users can browse Courses by topic category and/or other available criteria. Each on-demand Webinar shall be available to the Registered User for a period of one year or as otherwise agreed upon with the Instructor. After the lapse of such period, the Course will no longer be available to Registered Users.
4.3.5 Registered Users are in some cases provided with the option to select to receive a free consultation after the Webinar from the Instructor. The request for the provision of a free consultation is sent directly from the Registered User to the Instructor; then the Instructor may contact the Registered User. Consultation is arranged and executed directly between Instructor and the Registered User; in any case consultation is provided by the Instructor outside of the framework of the Platform. The Platform is not involved in the provision of any consultation services by an Instructor and as such does not guarantee the quality of and the reliability of the services offered by the Instructor. Platform shall not be liable for any damages caused to the User and/or the Instructor and/or any third party from the provision of the free consultation as per the above.
4.3.6 In order to register a User for a Course, the Platform shall request the Registered User to provide some personal data a) in order to be able to book a participation at the Course and/or b) for additional purposes identified by Ewassa at its sole discretion. In the above cases too, Platform shall process data only as data processor on behalf of the User and Instructor.
4.3.7 Each Instructor who organizes and uploads a Course in the Platform is solely responsible for the content of the Course as well as its appropriate execution. Indicatively (but not exhaustively) each Instructor shall be responsible for the topics to be discussed, and/or if the Webinar is cancelled and/or rescheduled, as well as for the Content included and presented in the Course. Platform cannot (and is under no obligation to) review any of the above and bears no responsibility for such items or Content.
(c) Special rules applicable to Courses organized by the Platform.
4.3.8 Registered Users can also participate in Courses that are organized by the Platform.
4.3.9 For Courses that are scheduled to take place on a specific time/date; Registered Users can opt to participate real-time or watch them on demand, if that option is available by the Platform for a specific Course. At the point of registration to the Course, the Registered User will be informed accordingly.
4.3.10 Each on-demand Course shall be available to the User for the time specified at that point of registration to the Course.
(a) Registered Users can submit a review of a course in order to assess specific criteria and features of the courses listed included in the relevant questionnaire.
(b) In order to ensure the validity and truth of the reviews, the following shall apply:
(ii) Portions of the Registered User’s Profile User data shall be visible to the public along with its review. The User can determine which data will be visible. It is noted that by default, the Platform will not make visible for the review data that are filled in under the field “surname”. Ewassa shall extract automatically the ratings provided by the Registered Users based on the information provided in the reviews by Users and the Platform disclaims and is not liable for any inaccuracy and/or fault of the ratings.
4.5.1 The Platform operates an Event calendar. Registered Users can publish Events that are relevant to the community, subject to approval by Ewassa.
4.5.2 All Users can access information about Events and browse Events by category and/or other available criteria.
4.5.3 Registered Users sponsoring Events are responsible for the lawfulness of the Events and the accuracy and truth of all information provided. The Platform shall in no manner be responsible or liable for the availability of any tickets and/or seats and/or places for any Event, including if the Event is cancelled and/or rescheduled. This responsibility rests with the Event organizer.
4.5.4 Events may include links to third party websites which include Content for which Ewassa has no control or liability.Where links are provided to third party websites, Users are redirected directly to that third party’s website and content, outside of the Platform’s environment and hosting services.
4.5.5 Registered Users who want to post an Event can do so after approval from Ewassa. Registered Users can delete their Events listing, at any time, by contacting firstname.lastname@example.org.
4.6.1 Users may subscribe to the Platform’s newsletter to receive news about Ewassa courses and events and services, as well as those of its Instructors. Newsletters may also include information about self-healing and spiritual development. Newsletters are sent every few weeks, when there is new information to share.
4.6.2 Each User can unsubscribe from the newsletter at any time, by clicking the “unsubscribe” button at the end of each newsletter.
4.6.3 To subscribe to the newsletter database, a User is required to provide a name and e-mail address, as well as some additional information for User segmentation purposes (to be submitted voluntarily from the Users).
Articles in the newsletter may include links to third party websites and Content, for whichEwassa has no control or liability as laid down in article 1.2.5. above.
5. General Rules for User-Generated Content
5.1 What can be posted
5.1.1 As already mentioned in article 2 above, Registered Users can upload to the Platform without payment to the Platform only informative, “non-promotional” Content, i.e. Content focusing in general on the interests of the community that does not serve as promotional activities (directly or indirectly) of the products and/or services of one (or more) professionals or businesses. This free Content must be lawful as well as consistent and relevant to the Platform’s informative nature for the e-Learning market and its targeted audience. Further, a Registered User submitting any Content must have the legal rights to submit such Content as contemplated by the Platform.
5.1.2 For example such free Content may be related to non-promotional information regarding indicatively (but not exhaustively) the following topics:
- Breathing techniques
- Restorative yoga
- Energy medicine techniques that can be used by individuals for their own well-being
5.1.3 In case any Registered User wishes to upload any promotional Article (namely Content that promotes directly or indirectly the products and/or services of one or more professionals or businesses) it can contact Ewassa at email@example.com to see if the Article could be considered for publication.
5.2 User responsibility for any type of Content (free or sponsored) submitted in the Platform:
5.2.1 Each Registered User is responsible for any User Generated Content created and/or uploaded in the Platform by such User. Ewassa does not participate in the creation of such User Generated Content and does not initiate nor does it have any knowledge or control over any such User Generated Content. Registered Users must take all prudence not to upload any User Generated Content that contains illegal material (of any type) nor to create Content that could result in any illegal act or omission (of any type) nor violate the Terms and Conditions nor any other guidelines posted in the Platform and declaration undertaken by the Registered User with regard to the Content.
5.2.2 By submitting any Content to upload to the Platform, the User represents, warrants and agrees as follows:
(a) All Content submitted for posting in the Platform does not infringe third party rights; the User is in compliance with and shall comply with all laws, rules and regulations applicable to the use of the Platform and the uploaded Content, including but not limited to applicable copyright and data protection laws;
(b) The User is either the copyright owner of the Content being uploaded or has the lawful right to upload such Content to the Platform and to provide a license agreement to the Platform in order to host the Content and make it available to the public through the Platform without territorial or other limitations, as well as to other social media accounts owned by the Company (indicatively LinkedIn, Facebook, Twitter and Google+ and/or as is further and in specific provisioned in the Platform from time to time) under the provisions set forth herein.
(c) The User acknowledges that the Content generated and posted represents the User’s views and opinions and not the Platform’s opinions or views and that the Platform does not necessarily endorse or agree with any such views and opinions by hosting the Content on the Platform;
(e) Where the Content includes the images and/or any other personal data of third parties (e.g. Webinar presenters), the Client is the sole responsible party to inform such third parties in detail about the use of their images and to ensure that the third parties have granted their free and informed consent to include the third party personal data in the content that the Client uploads in the Platform and to provide appropriate proof when so requested. The Client represents and warrants that all such permissions and licenses have been obtained or granted before uploading any Content.
(f) Without limitation, the Registered User represents, warrants, agrees and guarantees that it shall not upload any Content (or link to any Content) nor proceed to any action in or through the Platform that is illegal. Indicatively and non-exhaustively, and will not post nor act in any way that:
(i) infringes or violates another party’s intellectual property rights (such as content, music, videos, photos or other materials for which they do not have written authority from the owner of such materials to post on the Platform), including any party’s right of publicity or right of privacy; or
(ii) promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; or
(iii) violates any law, statute, ordinance or regulation; or
(iv) is threatening, harassing or that promotes racism, bigotry or hatred of any kind against any group or individual; or
(v) promotes or encourages violence against a person or damage or destruction of property; or
(vi) is inaccurate, false or misleading in any way; or
(vii) promotes any illegal activities; or
(viii) 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; or
(ix) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
(x) infringes the personality right as well the right of privacy and/or protection of personal data; or
(xi) promotes unfair competition and unfair commercial practices and/or violates competition rules
(h) When under the guidelines set by the Platform a Registered User must upload a new original Content (created especially for the Platform), the Registered User solemnly declares and represents and warrants that such Content is original and has not been previously posted or circulated.
The above reflect solely examples of prohibited material and are not intended to be exhaustive of what constitutes prohibited User Generated Content.
5.2.3 Warranties and Liability of the User: By submitting any content to be uploaded in the Users warrant to the Platform compliance with the provisions of article 5.2.1. and 5.2.2. above, as well as with the terms of the present and with any other declarations and acknowledgements undertaken in the Platform from time to time. Each User acknowledges that he/she bears the responsibility to compensate, defend, hold harmless and exempt the Platform and its directors, officers, employees, consultants, representatives and affiliates from any, and all, claims by third parties’ liability, damages and/or costs (including, but not limited to legal consultants’ fees) which occur as a result of or in connection with the Content they upload or from the breach of the present terms or in case any other User or third party turns against the Platform in relation to any Content they have uploaded to the Platform or in connection to the use of the Platform or the services. In addition, Users acknowledge that they shall respect the notice and take down process of the Platform set in article 7.
5.3 Review of Content
5.3.1 Platform does not and is under no legal obligation to systematically monitor and/or review any Content created or uploaded in the Platform.
5.3.2 In some cases, in order to ensure that the Content the Users post on the Platform is in line with the Platform’s scope, Platform conducts a preliminary high-level review of the Content. This review focuses mainly on assessing whether Content is consistent with the Platform’s purpose, that Content is legible and can be easily found by Users as well as to identify potential obvious infringements. Such high-level screening is in principle automated, based on general predefined rules and guidelines provided to Users and includes:
(i) relevance to the prioty topics, as analyzed above under paragraph 5.1;
(ii) suitability for the Platform audience;
(iii) (for free Articles) that the Content is not evidently self-promotional (i.e. principally with the purpose to market the products and/or the services of the Registered User) and does not solely serve promotional purposes (in line with the Platform’s business model whereby Registered Users who wish to be provided with paid hosting, marketing and consulting services must pay for them—see also article 2.3 above);
(iv) (where applicable) that the Content has not already been published on the User’s or third party’s digital means; and/or
(v) that the Content is not obviously and evidently infringing any third party intellectual property rights or otherwise illegal or inappropriate. Without limiting the foregoing, any Content submitted by a User must not:
- contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable material;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- violate any party’s legal rights (including rights of publicity and privacy);
- contain any material that could result in civil or criminal liability;
- conflict with these T&Cs or any other applicable policy;
- be likely to deceive any person;
- advocate, promote or assist any illegal or unlawful activity;
- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent the identity or affiliation of the user or any other party;
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, other than as conducted by the Platform;
- appear as if they are sent by or endorsed by us or any other person, if this is not the case.
(b) Extracting metadata provided by Registered Users to help other Platform and Registered Users locate the Content.
(c) Indexing and displaying links to related Content based on an automated algorithm.
(d) For legibility and presentation purposes (indicatively, breaking-down the text into smaller paragraphs, adjusting the fonts and applying other formatting characteristics).
It is specified that review of the Content by the Platform can include some or all of the above activities depending on the type of Content uploaded in the Platform. It is clarified that some parts of Content uploaded cannot be reviewed by the Platform such as (indicatively) the contents of a Course; the truth and accuracy of Events, or the links to third party websites and Content.
5.3.3 The Platform reserves the right to refuse to upload any Content that does not successfully pass the above high-level review in the Platform’s sole discretion. In addition, the Platform reserves the right (but is under no legal obligation) to make grammatical or spelling corrections to the Content. Any manual intervention that could be necessary is solely made to facilitate this typical check. In any case whatsoever, the above review, when conducted by the Platform is conducted notwithstanding the Users obligations and the guarantees undertaken by Users with regard to the Content as laid down in article 5.2. above and does not limit nor exclude in any way that liability of each User and his/her obligation to hold harmless the Platform in case of any breach or violation, as further described in article 6 below.
6. Legal Nature of the Platform – Disclaimers – Limitation of Liability
6.1 Legal nature of the Platform
6.1.1 In addition to hosting its own Content, the Platform principally acts as an intermediary service provider that: (a) Hosts and stores information and data at the direction of its Users and (b) Provides links or other tools for locating content online
6.1.2 With regard to the Services referred to in article 6.1.1 the Platform acts as an intermediary information service provider that hosts information and data at the direction of its Users—the Platform does not control or solicit User Generated Content but allows Registered Users to upload such Content to promote the purposes of the Platform. In this context, Platform acts as the automated, technical and neutral host of the Content that is uploaded by Users. It is each User’s obligation to follow the strict rules of the Platform regarding copyright protection and lawful Content provision in general. Given the nature of the Platform and the Content, it is not possible for the Platform (and it is under no legal obligation) to constantly monitor the Content uploaded by User’s nor to actively seek facts or circumstances to confirm intellectual property rights and monitor for all inappropriate or illegal activity. However, the Platform intends to take reasonable precautionary measures (including but not limited to the measures specified under article 5.3 above and article 7 below) to prohibit obviously illegal activity.
6.1.3 It is clarified that except for Content it expressly creates, the Platform is not intended to act and should not be regarded as a publisher. To mitigate the possibility of inappropriate content, the Platform has put in place and apply the aforementioned reasonable precautionary measures and undertakes reasonable efforts not to post infringing, unlawful or undesirable Content. In addition as also mentioned in the present terms, the User Generated Content depicts the opinions and the views of the User/author which are not initiated, controller or endorsed by the Platform.
6.1.4 In any case whatsoever, in any Services provided by the Platform (including Additional Services), Platform does not conduct a comprehensive review of any Content, does not control nor initiate User Generated Content nor the actions of the User, nor does Platform guarantee (nor control or initiate) the Content’s nor any activities’ undertaken by the Users lawfulness and fitness for a specific purpose. Although as part of consulting services the Platform may identify topics and areas of Content a User may wish to explore or publish on, it is ultimately the decision and action of the Registered User in determining what Content to create or upload. Each registered User uploads Content and conducts any activity in or through the Platform must make those representations, warranties and guarantees to the Platform as set forth in article 5.2 above and without any interference nor control by the Platform. All User Generated Content and actions undertaken by the Users express their own opinion and views and hosting of any Content is not an endorsement of any opinions and views expressed by the Users.
6.2 The Platform and the User Generated Content uploaded in it may contain hyperlinks (links) to third-party websites. Platform does not control nor review the Content of such links and bears no responsibility for the Content and the services of those third party websites, nor does it warrant the continuous and safe accessibility to them as laid down in article 1.2.5. above.
6.2.1 The Platform does not guarantee and is not responsible or liable for the accuracy, legitimacy, truth, reliability, quality, or adequacy for the intended purpose of the User Generated Content (both sponsored and free) uploaded in the Platform. Each User accesses the User Generated Content hosted in the Platform as well as any other third-party website at his /her own exclusive risk, subject to any terms or agreements with the providers of such Content or websites. In any case, Ewassa bears no responsibility for User Generated Content (both sponsored and free) hosted in the Platform, as well as the activities undertaken by Users through the Platform. Each User shall be fully liable for any Content created and distributed by such User (as laid down in article 5 above).
6.3 The Platform and the Services are provided “as is” and “as available” using a commercially reasonable level of skill and care. Except as expressly stated in these Terms & Conditions, Ewassa does not provide and expressly disclaims warranties, conditions or undertakings of any kind in relation to the Services, either express or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by Users from Ewassa or through the Services will create any warranty not expressly stated or incorporated herein. Without limiting the foregoing, Ewassa, its subsidiaries, its licensors and affiliates, do not warrant that any Content is accurate, true, reliable, correct or complete.
EXCEPT AS EXPRESSLY PROVIDED IN WRITING, A USER’S USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES THROUGH THE PLATFORM IS AT THE USER’S OWN RISK AND THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
6.4 Ewassa agrees to undertake reasonable efforts and technical measures so that the Services and access to the Platform can take place smoothly and without interruption and that an adequate level of security is maintained. However, Ewassa does not guarantee that the Services and the Platform will be available without interruption and without errors. We are not liable, though, if for any reason, negligence included, despite the maintained security measures adopted by us, the operation of the Platform is interrupted or access to the Platform or the User Profiles becomes difficult and / or impossible or if viruses or other harmful software is identified and transmitted to the terminals of the users / visitors, or if third unauthorized parties intervene in any way to the Content and operation of the Platform making the use of it difficult or causing problems to its proper function. Moreover, we are not liable if the Platform is not accessible for reasons beyond our control as well as for reasons due to technical or other failure of the backbone network or for reasons of force majeure or incidental facts. In case of any loss or damage of the Content our sole liability and responsibility will be to repost the Content to the extent technically feasible from our periodic back-ups.
6.5 We reserve the right: (a) to change at any time, without justification and without prior notice, partially or in total, the Terms & Conditions, the features and services provided, the Platform’s functionalities as well as the Platform’s versions or the provided Content and features, (b) to renew or upgrade or discontinue / stop, partially or in total, all of the Content of the Platform and/or any User Account, (c) to renew or upgrade partially or in total the external appearance (interface), the structure or composition (configuration) of the Platform and/or any User Account as well as their technical specifications, (d) to limit the access of the entire Platform to any registered or unregistered User. Moreover, Ewassa reserves the right at any time, to cancel, suspend or pause or shut down its operation.
6.6 Furthermore, Platform reserves the right to suspend and/or delete a User Account and/or refuse the opening of a User Account, at any time, for any reason, including in the event we become aware of a repeatedly infringing use of the Platform from any User and/or any Platform visitor and/or any third party, or in case we receive takedown notices regarding a User’s repeatedly infringing behavior.
6.7 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR ANY CONTENT ON THE PLATFORM INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In no event shall Ewassa, its officers, directors, employees, or agents, be liable to Users for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever. This limitation on liability includes, but is not limited to, (i) personal injury or property damage, of any nature whatsoever, resulting from the Users’ use of the Platform, (ii) any loss or damage due to unauthorized access to or use of our servers and/or any and all business information stored therein, (iii) any loss or damage due to interruption or cessation of transmission to or from our Platform or interoperability problems, (iv) any loss or damage due to bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, (v) any errors or omissions in any Content, (vi) any defamatory, offensive, or illegal conduct of any third party, (vii) any statement or conduct of any third party on the Platform (viii) any loss or damage resulting from the use, or inability to use, any portion of our website or the Platform or for any loss or damage of any kind in the User data, or (ix) any loss of revenue, profits, goodwill or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. In any case whatsoever to the extent permitted by applicable law, liability of the Platform is limited to the amount paid by such User in the prior six months. The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not eLearning industry is advised of the possibility of such damages.
7. Notice and Take Down Process—Report to Competent Authorities
7.1 The Platform reserves and has the right to suspend temporarily or permanently delete, any User Account and Profile or User Generated Content any time at its sole discretion, including when it becomes aware of any breach of law or the present Terms & Conditions by any User or by any third party.
7.2 More specifically, the Platform reserves the right to remove from the Platform any allegedly infringing Content following the submission of a takedown notice. Anyone who wants to send to the Platform a claim asking to take down any Content (notice and take down process), as provisioned in the law, should take every reasonable measure to ensure that the grounds for this claim are adequate and concern specific Content uploaded or posted by a specific registered User. Notice and take down notices submitted to the Platform must be clear and explicit, specifically indicating the (allegedly) infringing Content to be taken down. The claimant should provide to us adequate data to be able to identify the potential unlawful act or omission, as well as to avoid unjustified, unsubstantiated, untrue and unfair disclosures.
7.3 The Platform will respond to notices of alleged copyright infringement that comply with applicable law. If any person believes that any materials accessible on or from the Platform infringes that person’s copyright, that person may request removal of those materials (or access to them) from the Platform by submitting Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
7.3.1 Include the complaining party’s contact information. The information must be reasonably sufficient for the Platform to contact the complaining party.
7.3.2 Identify the copyrighted or otherwise protected work or works claimed to be infringed.
7.3.3 Identify (a) for material stored by the Platform, the allegedly infringing and/or unlawful material, or (b) for information location tools, the reference or link to the allegedly infringing material or activity. This information must be sufficient to allow the Company to locate the material, reference, or link.
7.3.4 Include a physical or electronic signature of a person authorized to act on the rightsholder’s behalf.
7.3.5 Include a statement that the complaining party has a good faith belief that the infringing material is not authorized by the copyright owner, the copyright owner’s agent, or law.
7.3.6 Include a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rightsholder.
A takedown notice that does not substantially comply with the above requirements generally does not require the Platform to take down the allegedly infringing material.
7.4 Counter-notice: Further to the submission of a takedown notice as per the above, the alleged infringer may submit a counter-notice, which must substantially include:
7.4.1 The counter-claimant’s name, address, telephone number, and physical or electronic signature.
7.4.2 Identification of the material that was taken down.
7.4.3 The counter-claimant’s statement, under penalty of perjury, of its good faith belief that the material was taken down due to a mistake or misidentification.
7.5 For the purposes of the notice & takedown process described above, please contact firstname.lastname@example.org.
7.6 If any damage occurs to the Platform because of the Platform’s actions further to a notice submitted by a claimant, that claimant assumes all responsibility for covering the damage and any related expenses of the Company. We shall disregard any claim that does not fulfill the above prerequisites. Any claimant and/or counter-claimant that knowingly makes a material misrepresentation that Content is infringing and, following such misrepresentation, Ewassa takes down any Content, shall be fully liable towards Ewassa for any damage caused as a result to such misrepresentations.
7.7 In any case and notwithstanding the above, if any breach of the present Terms & Conditions comes to the attention of the Platform (following any automated control or complaint as per the above) may at its discretion (depending to the severity of each case) (a) give notice to the User and request to refrain from any such violation, and/or (b) block a User from the Platform (temporarily or permanently) and withdraw the relevant credentials, and/or (c) delete the User Account (see also article 9 below).
7.8 Notwithstanding the above, we shall proceed to suspension or termination of any Content further to a Court or a Competent Authority order.
7.9 Ewassa shall in no manner be liable towards the Users and/or any third party for taking down Content, pursuant to the above process, and each User acknowledges that Ewassa is in no position and has no obligation to examine the accuracy of any notice and take down request and/or counter-notice submitted by any User, Client and/or any third party.
7.10 Report to the competent Authorities: The Platform further reserves its right to report any breach coming to its attention to the relevant law enforcement authorities under the conditions laid down in the applicable laws of Colorado. Also, Ewassa could provide any information requested by any competent authority (including personal or business data) with regard to the Users and the User Account in the Platform, with or without prior notice to such Users, subject to the applicable laws of Nevada.
8. Intellectual Property
8.1 Ewassa Intellectual Property rights
8.1.1 Except as otherwise indicated for User Generated Content in the present terms, the Platform and all text, images, marks, logos and other Content contained herein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Ewassa or its licensors and are protected by applicable intellectual property laws. You may not modify, reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose except in accordance with the terms of the COMPANY Platform. A User may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Platform or any materials on the Site, except as expressly permitted by these T&Cs or other applicable policies. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.
8.1.2 The Ewassa logo and name and all other product or service names or slogans of Ewassa displayed on the Platform are trademarks of Ewassa and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ewassa. In addition, the look and feel of the Platform may not be copied, imitated or used, in whole or in part, without the prior written permission of Ewassa. All other trademarks, including registered trademarks, product names and company names or logos mentioned in the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Ewassa.
8.1.3 As soon as anyone becomes a User, the Platform provides him/her with a personal, non-transferable, non-exploitable, non-exclusive, open-ended one user license to access the Content hosted in the Platform only for legitimate private use purposes under the present terms and conditions. It is expressly forbidden to use the Content for illegal purposes and/or for professional exploitation. Users may not sublicense the use of, or the access to the Platform and the services to any third party with or without remuneration. The present license shall be automatically terminated when the relationship with the Platform is terminated for any reason, as provisioned in article 9.
8.1.4 Providing access and allowing the use of the features, tools and Services provided by the Platform does not give any User or any other third-party ownership of any of the Company’s intellectual property rights to any of the above. We retain ownership of all intellectual property rights in and to the Platform, its features, tools and Services including copies, improvements, enhancements, derivative works and modifications thereof. The rights to use the Platform are limited to those expressly granted hereby. No other rights with respect to the Platform or any related intellectual property rights are granted or implied.
8.2 Intellectual property rights on the Content uploaded by registered Users
8.2.1 By submitting Content to upload in the Platform each User provides to the Platform the license referred to in article 5.2.2.b) above. Ewassa shall not accept previously published articles from registered Users, if this is indicated in the specific guidelines posted in the Platform at the point of submission. Authors or submitters of articles are not entitled to compensation and shall not be paid for any access or use of the Articles from the Platform. After an Article is uploaded to the Platform, the Registered User submitting such Article may be featured as an Ewassa contributor/blogger. Features articles are selected based on the Registered User’s seniority.
8.2.2 The Platform is not liable for any access or use of any User Generated Content, including any that is uploaded by Registered Users in violation of any User’s and/or any other third party’s intellectual property rights. Platform bears no liability for any dispute that may arise between the Users, registered Users and Clients and/or between the Users, registered Users and Clients on the one hand and any third party on the other, regarding intellectual property rights in relation to the Content uploaded by the registered Users on the Platform. The provisions and warranties provided by the Registered User in article 5 apply in such case as well.
8.2.3 All Users browsing and having access to Content in the Platform are expressly prohibited to engage in any unlawful act which may undermine the rights of the registered Users-owners or right holders of the Content uploaded at the Platform. Indicatively, but not exclusively, Users are prohibited from engaging into any unlawful act or omission, including (but not limited to ) the following activities:
- Recording and direct or indirect, temporary or permanent reproduction of the Content by any means and in any form, in whole or in part, except as expressly allowed within the Platform.
- Translation of the Content.
- Arrangement, adaptation or other alteration of the Content.
- Unauthorized and/or illegal distribution to the public in any form by sale or otherwise.
- Renting and public lending of the original or copies of their work.
- Public performance of the Content.
- Transmission or retransmission of the Content to the public by radio and television, by electromagnetic waves or cables or pipes or other material in any other way, parallel to the surface of the earth or through satellites.
- Any other act or action contrary to these Terms & Conditions.
9.1 A Registered User may at any time decide to delete such User’s User Account and Profile by e-mailing us at email@example.com with a request to delete the User Account and Profile. In this case article 3.8 shall apply. Register Users who wish to delete their User Account and Profile and terminate their relationship with the Platform, will no longer be able to make use of the services provided in the Platform for Registered Users (as per article 2.2).
9.2 The Platform may terminate a User’s access to all or any part of the Platform and/or his/her User Account at any time, without cause, with or without a prior notice.
9.3 The Platform reserves without limitation the right to suspend and/or delete any User Account and terminate the Platform’s relationship with any registered User for due cause, including (indicatively but not exclusively) the following:
9.3.1 any violation of the present terms and conditions or any other illegal act or omission violating any laws or statutory provisions;
9.3.2 provision of false/inaccurate information in the User Account;
9.3.3 violation of any right of a third person that has come to our attention;
9.3.4 following a complaint received by another User or by a third parties for breach of the present terms, violation of any law or statute;
9.3.5 following the request of any Authority and/or Court decision and/or relevant competent Body;
9.3.6 any other or omission that could damage or harm in any ways the Platform (i.e. indicatively its operation, its reputation, its tradename and IPRs, its technical specifications, its software etc.);
9.3.7 repeatedly infringing and unlawful conduct on behalf of any User;
9.3.8 as a result of the notice and take down process described in article 7 above.
9.3.9 In any case whatsoever the provisions of article 3.9 above apply also respectively.
As a result of the provision of the Platform services to Users, and whether due to any intentional or negligent act or omission, we may disclose to Users or they may otherwise learn of or discover, our non-public documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Confidential Information”). Users hereby agree and acknowledge that such information is confidential and shall be our sole and exclusive intellectual property and proprietary information. Users agree to use our Confidential Information only for the specific purposes as allowed in these Terms. Any disclosure of our Confidential Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, Users acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by any disclosure of our Confidential Information. Users acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
In addition to any other warranty, indemnification and declaration of Users, all Users also agree to indemnify and hold harmless Ewassa, 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 their use of the Platform, including but not limited to the violation of the Terms & Conditions.
12. Applicable Law and Jurisdiction
These terms are governed by and construed according to the laws of Colorado. Both parties agree that they are subject to the exclusive jurisdiction of the courts of the city of Denver in Colorado.
At our sole discretion, we may require you to submit any disputes arising from the use of the Platform or any violation of these T&C’s, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.
13.2 If individual terms of the Terms & Conditions become partially or wholly invalid or unenforceable, the validity of the remaining provisions shall not be affected.
13.3 The Company’s failure to enforce any right or provisions of the present Terms & Conditions will not constitute a waiver of such or any other provision.
13.4 Users may not assign any of their rights under the present Terms & Conditions to any third party. Ewassa reserves the right to assign its rights under the present to any other individual or entity at its sole discretion.
13.5 Ewassa reserves the right, at its own discretion to modify or replace any part of these Terms. It is the Users’ responsibility to check the Terms & Conditions periodically for changes. The Users’ continued use of or access to the Platform following the posting of any changes to the Terms & Conditions constitutes acceptance of those changes. Ewassa may also, in the future offer new services and/or features through the Platform. Such new features and/or services shall be subject to the Terms & Conditions.