Terms and Conditions of Service

Introduction

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website located at www.webinarstars.com (the “Site”), including its sub-domains and its mobile optimized versions. The Site is provided by WebinarStars Oy, with company registration number 2896100-6 (hereinafter, the Site and WebinarStars Oy shall all be collectively referred to as “WebinarStars”). These Terms shall be supplemented by our Privacy Policy (the “Policy”), incorporated herein by reference.

The termsus’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, WebinarStars and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, products and services, whether registered under an account or not.

Acceptance

If you continue to browse and use the Site, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, shall govern WebinarStars’ relationship with you in relation to the Site, along with any products and services offered thereby (collectively, the “Service(s)”).

Updates

WebinarStars reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Changes to these Terms will be displayed in the Site, and we may notify you through by email. Please refer to the last effective date where changes were last undertaken by us, indicated at the end of this document. Your use of our Services after the effective date of any update –either by account registration or simple use– indicates your acceptance thereof.

Services of WebinarStars

WebinarStars aims to contact private educators, teachers, trainers, coaches and other type of experts (hereinafter, the “Teacher(s)”) with prospect learners over the world (hereinafter, the “Student(s)”), making their engagement of services safer, faster and simpler. Students who wish to consume certain multimedia teaching content can purchase our selection of pre-approved content from the Teachers.

Overall, WebinarStars provides a platform with the functionalities that include, but are not limited to:

  • Teachers creating and posting multimedia content regarding classes, workshops and courses (collectively, a “Class”).
  • Student can browse the Classes they want, and purchase access or download to them.
  • A comprehensive system where Students and Teachers can communicate amongst each other, negotiate custom Classes, and more.

Service Disclaimer

WebinarStars only provides an online platform where Teachers can provide their services to Students who have purchased the type of Classes that such Teacher can offer or provide. Henceforth, WebinarStars does not create, execute, provide, review or endorse the actual Classes, the Teachers do, and WebinarStars hereby disclaims any and all representation or warranty about the actual performance, skill or credentials or the Teachers, along with the quality and merit of the Classes.

Payment & Gateway Fees

Our standard pricing model is a commission to be charged upon the gross price of each Class sold to each Student, as indicated by us from time to time. Students shall also be charged a payment processing fee for each Class purchase in order to cover gateway fees. We reserve the right to offer promotions and additional pricing models from time to time. Please visit our Site in order to get further information about our fees, charges and promotions. We reserve the right to change prices, commissions and fees at any time, at our sole and final discretion.

General Payment Terms

Users must provide us valid and current billing information. Except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from a credit card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

You hereby authorize us the charging of your credit card or payment processing account. In connection thereto, we will submit period charges without further authorization from you, and such authorization shall remain effective until the subscription is cancelled by you.

We use worldwide accepted third-party payment processor to bill you through a payment account linked to your account on the Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processor. WebinarStars is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

Account Registration, Verification and Safety

In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.

Your access to WebinarStars is only offered for your individual use, and not for the use or benefit of any third party you may represent. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.

Account Suspension, Termination

WebinarStars encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.

We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account and/or any event, upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach or unauthorized use of your account.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access our Services.

Teacher Accounts

For our users who wish to open an account to provide their Teacher services to Students, we will request, but will not be obliged to, certain basic documentation in order to carry out minimum checks. Overall, we may request the following information in order to review each Teacher user and his contribution to our ecosystem:

  • Personal and professional information (e.g. name, physical address, telephone number, email address, utility bills, driving license, proof of address, proof of professional registration or license).
  • Billing information, such as credit or debit card number, expiration date & security code and/or information regarding user’s digital payment accounts.
  • Ratings and reviews of prior classes, courses and other teaching material, proof of experience and skill.
  • Application information such as service provider’s experience, skills, eligibility to work, and availability.
  • Social media accounts linking.
  • Credit and consumer checks and reports.
  • Other information requested by our service and payment processing providers, including the use of third party entities for ID, address and solvency check.

Each Teacher registration we be reviewed to ensure that it fits into one of our supported service categories. Some service categories will be incompatible with our offerings, and may be rejected by us. We reserve the right, but not the obligation, to open and close Class categories as we deem fit.

Teacher profiles should include information such as details of the teaching material provided, images and videos, reviews, professional experience and other type of credentials. We offer certain functionalities targeted to Teacher users, such as badges, advertising campaigns, profile enhancement and increased visibility. These functionalities will be optional, and will be ruled according to their terms, price and conditions, to be indicated by us from time to time.

Students Accounts

For our users who wish to open an account to purchase Classes, we will request, but will not be obliged to, certain basic documentation in order to carry out minimum checks. Information requested will include, but will not be limited to: (i) personal information (e.g. name, physical address, telephone number, email address, utility bills); and (ii) billing information, such as credit or debit card number, expiration date & security code and/or information regarding user’s digital payment accounts.

Service Eligibility

WebinarStars does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may not use our Services, even under the direct supervision of your parent or legal guardian. WebinarStars does not knowingly collect any kind of information from any person under the age of eighteen (18), and will delete any related information thereto.

User Code of Conduct

As our user, you agree to not undertake, motivate, or facilitate the use or access of WebinarStars in order to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
  4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  5. Use our Services in order to sell physical goods, whether directly or concealed.
  6. Use our Services in order to promote money lending, ticket event sales, ponzi schemes and other fraudulent activities.
  7. Ask other users to conceal the identity, source, or destination of any illegally gained money or products.
  8. Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
  9. Use any automated or manual process to obtain, copy, process, access and/or use our Services or any part therefrom to capture unauthorized data or content, for any purpose.
  10. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from WebinarStars or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
  11. Use WebinarStars to disseminate any type of computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
  12. Undertake any action that will or may cause an unreasonable load on WebinarStars’ and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from WebinarStars.
  13. Intercept or monitor activity via our Services without our express authorization.
  14. Otherwise reverse engineer, decompile or extract the proprietary code of WebinarStars.

Content moderation

WebinarStars encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.

WebinarStars has the right, but not the obligation, to monitor any activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, graphics, questions and other content) to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Site or any other of our Services that we find to be in violation of these Terms and our Policy or that is otherwise objectionable.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our Services.

We reserve the right (but not the obligation) to monitor disputes between you and other of our users. We also reserve the right (but not the obligation) to delete Classes, items, products, services and user generated content that would be interpreted or considered offensive or spam.

You must immediately respond to any notice you receive claiming that your user generated content violates a third party’s rights, including copyright takedown notices, and take corrective action, which may include but is not limited to promptly removing any such user generated content.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to WebinarStars and our Services, without refund or reimbursement on our part.  WebinarStars may terminate or suspend your subscription and/or membership for our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.

Ownership

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on WebinarStars are the property of –or otherwise are licensed to– WebinarStars or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in various jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in WebinarStars or our Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the Finland and other applicable jurisdictions.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in WebinarStars and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Licenses for WebinarStars

Limited License. We grant you a limited, non-exclusive, revocable and non-transferable license to utilize and access WebinarStars, under the terms, conditions and restrictions set forth in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Site and our Services, in whole or in part.

Content License. As a Teacher, you hereby grant us a limited, sub-licensable, assignable, non-exclusive, for all the world, right and license to use, exploit, display, store, edit, reformat, sell, commercialize, host, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute any and all multimedia content regarding classes, workshops and courses you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to WebinarStars via the Services, under the terms, conditions and restrictions set forth in these Terms. You hereby represent and warrant that you have any and all right, title, interest and license to the aforementioned multimedia content regarding classes, workshops and courses, including, but not limited to, copyright, trademarks, rights of publicity, personal likeness, voice and image of any person appearing in such content, in whole or in part.

Representations and Warranties

You hereby represent, warrant and covenant that: (i) your use of our Site and Services and all your uploaded user content and data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide all your data to WebinarStars and its affiliates, licensors and agents and to grant the rights granted to WebinarStars in these Terms; and (iii) your data and its transfer to and use by WebinarStars and its affiliates, licensors and agents as authorized by you under these Terms shall not violate any export control and electronic communications regulations the rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of any applicable privacy policies.

Term, Termination

The term hereof shall begin on the date that comes first among: (i) first access to the Site; or (ii) WebinarStars begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or access revocation for our Services; (iii) WebinarStars' termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by WebinarStars to you from time to time; or (v) WebinarStars’ decision to make the Site or Services no longer available for use, at its sole and final discretion.

You may terminate your subscription at any time, by either: (i) terminating your subscription term for the Services; or (ii) permanently making inaccessible any and all instances of our Services for which you have access.

Third Party Links

From time to time, the Site and/or the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, products or services.

From time to time, we may place ads and promotions from third party sources in the Site and/or the Services. Accordingly, your participation or undertakings in promotions of third parties other than WebinarStars, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. WebinarStars is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.

User Privacy

By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.

No Warranty

Neither WebinarStars, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site or the Services will be error-free, uninterrupted, secure, or produce any particular results. No advice or information given by WebinarStars or its employees, affiliates, contractors and/or agents shall create a guarantee. The Site and the Services have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, worms, trojan horses, bots and other harmful/destructive components or defects.

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. No oral or written advice provided by WebinarStars, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty.

The entire risk of satisfactory quality and performance resides with you. WebinarStars, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Disclaimer of Damages

In no event shall WebinarStars, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not WebinarStars, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages. 

Limitation of Liability

In no event shall WebinarStars’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not to exceed such total amount. These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

Indemnification

You hereby agree and acknowledge to indemnify, hold harmless, and defend WebinarStars, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “WebinarStars’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such WebinarStars’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by WebinarStars); and/or (ii) any third party claim arising out of or in relation to the Site or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Events outside of our Control

In no event shall WebinarStars be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, force majeure, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that WebinarStars shall use reasonable commercial efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

Governing Language

From time to time, our Terms may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of our App and services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.

Generals

Assignment. These terms will inure to the benefit of any successors of the parties.

Content Moderation. WebinarStars hereby reserves the right, at its sole and final discretion, to review any and all content delivered into WebinarStars, and use moderators and/or any monitoring technology to flag and remove any user generated content or other content deemed inappropriate.

Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

Newsletters. The App and the Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Spam. We will not tolerate, and we will not allow others to undertake though our Services, the app and/or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party. Any commercial electronic communication that you receive from us, our business partners, licensors, suppliers and affiliates will require your prior consent to such communication.

No Waiver. Failure by WebinarStars to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and WebinarStars are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. All communications must be sent to the respective parties to such address, facsimile number or electronic mail address as subsequently indicated by each party. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.

Taxes. You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.

Applicable Law, Forum

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of Finland, without regard to conflict of law principles.

Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in Finland. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, the Site our Services or these Terms, please contact us: support@webinarstars.com

Date of last effective update is May/ 2018.

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