Legal


Terms of Use
Welcome to iyuda, a higher education-focused web portal providing member-generated content for students across all academic disciplines. The iyuda.com, website, service and network (collectively, "iyuda", or "the Service") are operated by iyuda, LLC and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.iyuda.com , one of its linked domains, or the mobile version thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of iyuda. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEB SITE OR ANY OF ITS RELATED PRODUCTS AND SERVICES OR PARTICIPATE IN ANY OF ITS RELATED ACTIVITIES.

Permitted Use of Site
You may use the Service, including its related products and services, only in accordance with these Terms of Use and any other requirements setforth by the Service regarding applicable products and services. You may use the Service as a free member ("Member"), as further described below and on the Site. Members, are required to register as Members of the Service. Members of the Service are further identified as Users and User/Submitters, as further described below.

Eligibility & Restrictions for Site Use
This Service is intended solely for Users who are 18 years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. Users that desire to act as User/Submitters to the Service must be 18 or older in order to submit content and be eligible for participation in royalty payments from the Service. User/Submitters that are not 18 or older will not be elegible to submit content, receive royalties, or use the Service. Membership in the Service is void where prohibited. Any use of the Service not permitted under these Terms of Use, including the reproduction, modification, distribution, transmission, republication, display, performance, re-hosting, tampering, framing or embedding of this Site, its Content, or tools, or any commercial use outside the royalty payment system introduced on behalf of the Service to elegible User/Submitters, including charging others for access to or selling collections of Content gathered from the Web Site, is strictly prohibited without the prior written consent of iyuda, LLC.

You agree not to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, tool or Content on the Web Site. Further, you agree not to attempt to reproduce the iyuda database of links in whole or in part or to extract, data mine or otherwise copy the Content of the Web Site, or any part thereof, including the proprietary Content of iyuda, either manually or automatically.

User Conduct
You understand that except for the royalty opportunities offered by iyuda on the Site (e.g., Through Royalties for Posted Solutions, Lecture Notes, Academic Content in General, etc.), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Service or the Site to:
  • harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
  • use automated scripts to collect information from or otherwise interact with the Service or the Site;
  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • upload, post, transmit, share, store or otherwise make available any pictures other than those of an academic nature that: (i) are not of your own creation, (ii) infringe upon another entity’s copyright or intellectual property, or (iii) are not original work created by you;
  • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our iyuda Code of Conduct that provides further information regarding the authorized conduct of users on iyuda.

User Disputes
You are solely responsible for your interactions with other iyuda users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Registration Data & Account Security
In consideration of your use of this Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Account Information Maintentance
Each Member agrees to use the Member's ‘My Stuff’ page to review and update as required the account information the Member submitted during registration, including, at a minimum, valid email address, name, birthdate and, for some Members valid payment information. The Member agrees that iyuda, if they so choose, may send the administrative and account term notices and otherwise communicate with the Member about these Terms of Use by email to the email address provided by the Member. However, such communication is not required. All information and updated Terms of Use will be made available for iyuda users on the Site. iyuda shall not be responsible or liable if the Member does not receive notices from iyuda due to incorrect or outdated email address provided by Member. Members warrant that any such account information provided by them to iyuda is true, accurate and current.

Each Member's access to the Site's products and services is controlled by the Member's username and password. The Member agrees not to share the Member's password with anyone else. If the Member knows or suspects someone else has gained knowledge of the Member's password, the Member agrees to promptly reset it on the Member's 'My Stuff' page. Each Member shall be responsible and liable for all activities that occur under the Member's account or password, including any unauthorized use thereof. In instances where Member requests support from iyuda, and to the extent necessary, Member agrees to permit iyuda, at the time of such request, to log into Member's account using Member's password for the purpose of such support.

Registration Services
Generally, as a registered Member of iyuda.com, you may use the Site as a source of links to publicly available material posted by third parties on other web sites (including videos of lectures or presentations) and/or to access content posted by members of the Site, including both publicly available lecture notes, sample exams and uniquely generated and user-submitted solutions.

The proprietary content of iyuda members, but not the publicly available material, is subject to an automated permission scheme that limits the access to and use of the proprietary content.

During the term of your membership, you may access, view, and open the selected proprietary content of iyuda and use free of charge.

Limitations on Services
iyuda Members acknowledge and understand that the content and materials accessed when using this Web Site, whether iyuda's proprietary content or materials, publicly available content or materials, or content submitted by other iyuda Members, including any and all course and homework solutions and other academic materials and any and all questions, responses, commentary, hints or other materials submitted, reviewed, posted and/or received are made available merely as informational and study aids and should not be considered substitutes for applicable course, homework, class and lecture requirements, assignments and related materials or for applicable course, homework, class and lecture attendance. In using the Content and the Site services, you specifically agree not to use, claim or submit as your own any copies of any such Content, including as part of any course, homework, class or lecture. You further acknowledge and understand that all such Content, including as contained in course and homework solutions in publicly available third party content or materials, in iyuda's proprietary content or materials may be incorrect or inconsistent when compared to similar content and materials, including solutions and their methodologies, provided or preferred by publishers of applicable problems or instructors of applicable courses.

iyuda may modify the Site at any time, including change, add or discontinue any product or service made available on or through the Site to Members, change the earning, or credit system of royalty payments and/or change any iyuda proprietary content or materials, and add or discontinue links to any publicly available content or materials, and any such change, addition or discontinuance shall be effective immediately. Thereafter, your continued use of the Web Site, or of the applicable product, service or Content, will indicate your acceptance to any such changes, additions or discontinuances. Royalties may not be assigned to another user, family member, or beneficiary.

While using this Web Site, including any product, service or Content accessible on or through the Site you agree to comply with all applicable laws, rules and regulations with respect to such use thereof, including with respect to all intellectual property and proprietary rights of iyuda and any third party and additionally, any University or entity specific issues, such as honor codes, or academic honesty contracts between members and their specific academic institutions, for which iyuda.com, iyuda, LLC, its members or directors will not be responisble. Specifically, you agree not to submit content or materials to iyuda that infringe any intellectual property or proprietary rights of any third party or violate any other applicable law, rule or regulation with respect to such content, materials or submission. Further, by submitting content or materials to iyuda you thereby grant to iyuda ownership of content and the license to use, modify, copy, distribute, transfer or sell any such content or material for any purpose, at iyuda’s sole discretion, including posting such material in any form on any area of the Site or packaging and distributing such submitted content or materials with any other content or materials or other proprietary content in or on any format or media of any kind whatsoever.

Subscriptions & Payments
Subscriptions . As a Member, you may use iyuda's subcription services for online research of the materials made available on or through the Site. You are not required to pay monthly or yearly subscriptions and are given unlimited use of the Web Site during your time as a member in goodstanding with iyuda.

Renewals . Your membership is valid into perpetuity assuming you remain in goodstanding with the Site and adhere to all terms of use, guidelines and requirements. Users attempting to obtain a new membership to iyuda after having their membership suspended will only be admitted to obtain an additional membership after careful consideration by iyuda managers.

Payments . As a content generator for iyuda, Users will be entitled to receive royalties for the submission of content to iyuda. Upon submission, all content becomes the sole property of iyuda.com and the submitting member summarily relinqueshes all rightes to the content. In exchange for the rights to the member’s content, each member is eligible to receive royalties on a monthly basis according to a manner set out by iyuda. This manner may change with or without reason, with or without notice, and with or without consent of iyuda members. By no means is this royalty system, by express or implied writing, providing an annuity payment for the use of submitted content. Payment amounts, dates, and other specifications are at the sole discretion of iyuda managers and directors. Further information detailing the royalty process will be made available on the website, but let it be known that flucuations, changes, including additions and/or deletions of system details and features, is likely to occur to accommodate changing business objectives and/or member satisfaction initiatives. Any and all payments will be delivered to the member through an online payment distributor and therefore all members wishing to collect their royalties must posess such an account.

If you wish to cancel your iyuda account, please visit the customer support web area on the Site. Cancellation of subscriptions will take effect immediately and upon cancelling an account it will not be available for reinstatement.

New Services
. iyuda may, from time to time, introduce new, or additional features to existing, products and services, activities, or content and materials, which may be a part of, or priced separately from, existing levels of membership at iyuda's sole discretion.

Intellectual Property Rights in Submissions and Site Content; Limited License
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content by viewing content through the online interface (the “Viewer”). Regarding your own User Submitted Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Upon uploading content to the Site you relinquesh all rights to intellectual property and summarily transfer them to the Company. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise to the User by the Site. This license is revocable at any time without notice and with or without cause.

You acknowledge and agree that the Site's database, including the proprietary content of iyuda and the submitted content of iyuda members, and the related products and services available on the Site are the property of iyuda. You further acknowledge and agree that, with respect to the proprietary content of iyuda, these Terms of Use provide only a limited permission to access and use such content to those Members with subscription accounts, and nothing contained in these Terms of Use grant to you or any third party any right, title or interest in or to the proprietary content of iyuda, and no license of any kind is granted to you or any third party to such content under these Terms of Use. "iyuda SM" is a service mark of iyuda, LLC. The copyrights, trademarks and other intellectual property rights in and to the content and materials on or made available through the Site are the property of their respective owners.

You are solely responsible for the photos, profiles, messages, notes, text, information, and other content that you upload, publish or display (hereinafter, "share") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or the iyuda Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. If Users violate the terms in this document, the license granted above will automatically expire and Users will forfeit any future possible royalties, however Users acknowledge that the Company may retain archived copies of User Content for future use, at which point no royalties are deemed to be earned by the User.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, individual solutions, academic matieral or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Notice of Corrections or Infringements
If you believe any information on the Site is inaccurate or contains material errors or omissions, please contact us at copyright@iyuda.com. If you believe in good faith that any materials on or accessed by the Site infringe your copyright on such materials, you may send us a written notice requesting that the material be removed or access thereto be disabled. The requirements for any such notice are set out in the Digital Millennium Copyright Act of 1988, and notices should directed to:

Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

3rd Party Sites & Content
The Site, including its related products and services, may contain links to web sites managed or controlled by third parties. These web sites, including the operation, availability and content thereof, and your use of these web sites, including any products or services made available through these websites, are governed by the applicable policies of the respective third parties. iyuda does not endorse these third parties, their party web sites, or their products or services or the content of their web sites, nor is iyuda acting as an agent thereof, and iyuda is not responsible for the policies (including any web site terms of use and privacy policy) or actions of these third parties. iyuda does not warrant in any way the products, services or business practices of any such third parties or the content of their web sites. iyuda encourages you to review the privacy and other policies of these third parties and their web sites. iyuda reserves the right to eliminate or change any such link without prior notice. In addition, iyuda does not endorse or warrant, and is not responsible for, any third party content submitted by or for any Member to the site.

The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Use of Share Links by Online Content Providers
Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by Company, on pages of their web sites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its web site is referred to herein as an "Online Content Provider" and shall abide and be subject to the applicable sections of these Terms of Use. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.

In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Company, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by the Company. In the event that the Share Link is a text link, it must include the word "iyuda" as part of the link. The rights granted in this paragraph may be revoked by Company at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.

In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Company or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.

By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.

iyuda Mobile
The Service includes certain services that are available via your mobile phone, including (i) the ability to upload content to iyuda via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to iyuda messages, (iii) the ability to browse iyuda from your mobile phone (Mobile Web), and (iv) the ability to access certain iyuda features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding iyuda and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

Trademarks & Servicemarks
iyuda, Get Paid Like It’s Your Job, iyuda Don’t You?, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

Privacy
We care about the privacy of our users. Click here to view the iyuda’s Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by iyuda, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES AND THE SHARE SERVICE), ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. 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, or any affiliation therewith, by Company.

Limitation on Liability
THE WEB SITE, INCLUDING ALL RELATED PRODUCTS AND SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) AND ALL CONTENT AND MATERIALS MADE AVALABLE ON OR THROUGH THE WEB SITE OR SUCH PRODUCTS OR SERVICES, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, AND YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE, OR ANY SUCH PRODUCT, SERVICE, CONTENT OR MATERIAL, IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, IYUDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEB SITE, ITS PRODUCTS AND SERVICES AND ANY CONTENT OR MATERIALS MADE AVAILABLE ON OR THROUGH THE WEB SITE. NEITHER IYUDA, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THE USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE AND NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR MATERIALS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE OR ANY OF ITS RELATED PRODUCTS AND SERVICES, INCLUDING ANY AND ALL THIRD PARTY OR IYUDA PROPRIETARY CONTENT OR MATERIALS ACCESSED USING THE SUBSCRIPTION SERVICES AND WHETHER LINKED FROM OR POSTED ON THE WEB SITE, AND ANY AND ALL QUESTIONS, RESPONSES OR COMMENTARY SUBMITTED, REVIEWED OR RECEIVED USING THE COMMENT OR DISCUSSION BOARD SERVICE WHETHER SUBMITTED, RESPONDED TO OR COMMENTED ON BY IYUDA, ITS USERS OR VISITORS OR ANY OTHER THIRD PARTY.

IN NO EVENT SHALL IYUDA BE LIABLE, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY), FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, ARISING OUT OF OR RELATING TO THE PERFORMANCE OR NON-PERFORAMNCE OF IYUDA OR THE USE OF OR INABILITY TO USE (INCLUDING SUSPENSION OR CLOSURE OF) THE WEB SITE OR ITS RELATED PRODUCTS OR SERVICES, OR ANY PARTS THEREOF, EVEN IF IYUDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE OR ITS RELATED PRODUCTS OR SERVICES, OR WITH ITS CONTENT OR MATERIALS THEREIN OR WITH OTHER THIRD PARTY CONTENT OR MATERIALS LINKED THEREFROM, IS TO DISCONTINUE USE OF THE WEB SITE OR THE APPLICABLE PRODUCT, SERVICE, CONTENT OR MATERIALS.

THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITIATIONS OF LIABILITY APPLY TO ANY DAMAGES ARISING OUT OF OR RELATED TO ANY PERFORMANCE, NON-PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OFOR IN, OR UNAUTHORIZED ACCESS, ALTERATION OR USE OF OR TO, THE WEBSITE OR THE CONTENT AND MATERIALS ACCESSED BY OR THROUGH THE WEB SITE OR ANY OF ITS RELATED PRODUCTS OR SERVICES. FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IYUDA SHALL NOT BE LIABLE FOR ANY DEFAMATORY, LIBELOUS, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES OR CONTENT OR MATERIALS ACCESSED BY OR THROUGH THE WEB SITE OR ANY OF ITS RELATED PRODUCTS OR SERVICES, AND THAT THE RISK OF INJURY FROM ANY OF THE FOREGOING RESTS ENTIRELY WITH YOU.

APPLICABLE LAW MAY LIMIT THE LIMITATIONS OR EXCLUSIONS OF LIABILITY HEREUNDER AND PROVIDE YOU WITH ALTERNATIVE OR ADDITIONAL RIGHTS.

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. Termination and Monitoring
iyuda reserves the right to terminate your license to use the Web Site, your account and any subscription, in whole or in part, including to any product or service, activity, program or content and materials, upon notice to you if you breach any of these Terms of Use, including if you conduct or participate in actions considered abuse of the iyuda royalty system, or if you breach any iyuda policies on the types of content and materials that may be submitted to iyuda. Upon termination by iyuda or cancellation by you of your subscription, any files you have stored in your iyuda account may be removed from public view, yet will remain the property of iyuda . iyuda has no obligation but reserves the right to monitor any account or activity of, or content posted or uploaded by, Members and Visitors to determine compliance with these Terms of Use, as well as to satisfy any applicable, law, regulation or government request. Iyuda also reserves the right to refuse to post or remove any material or content submitted, posted or uploaded to the Web Site in violation of the Terms of Use or that is otherwise objectionable, as described above. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.

Governing Law, Venue, Jurisdiction, and Territorial Limitation
By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration
These Terms of Use shall be governed in accordance with the laws of the state of New York, without regard to its principles of conflict of laws. Any dispute, controversy or claim arising out of or relating to the use of this Web Site or these Terms of Use, including any breach thereof, shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in New York, New York. Judgment on the award rendered may be entered in any court having jurisdiction thereof. Without limiting the foregoing, where iyuda or you makes a good faith determination that a breach of these Terms of Use by the other (including infringement of intellectual or proprietary rights) is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy, such action may proceed without first resorting to arbitration as described herein. YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including without limitation through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party. You agree to defend, indemnify and hold harmless iyuda and its directors, officers, employees, representatives and agents, from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of or resulting from any beach by you of these Terms of Use or from your use of the Web Site or any of its related products and services or Content. Without limiting the foregoing, you agree to cooperate in the investigation or defense of any claim by any third party that has a contractual obligation to indemnify iyuda and/or you.

Miscellaneous
The section and paragraph headings appearing in these Terms of Use are inserted only as a matter of convenience and in no way define, govern, limit, modify or construe the scope or extent of the provisions of these Terms of Use. As used in these Terms of Use, the words "including", "for example" and derivatives such as "e.g.," shall mean "including without limitation". You agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Web Site and your access and use thereof, if at all, shall not apply to these Terms of Use. If any term(s) of these Terms of Use are deemed invalid, void or for any reason unenforceable, such term(s) shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of these Terms of Use. No waiver of any of any right under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent right or other provision and no delay or omission in exercising any such right shall be deemed a waiver of such right. These Terms of Use are personal to you and you may not assign these Terms of Use, or your rights or obligations hereunder, to any third party, without iyuda’s consent. Any attempted assignment in contravention of these Terms of Use will be null and void. Any provision of these Terms of Use (including all other incorporated terms, conditions, rules, guidelines and requirements) intended by its terms to survive the expiration, termination or cancellation of your membership or other relationship with iyuda and the Site, or of the expiration, termination or cancellation the Site operations, including its product, services and activities, shall survive any such expiration, termination or cancellation. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


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