If you do not accept and abide by these Terms of Service, you may not use the TutorialTab service. We may, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to these TutorialTab Terms of Service, you should periodically review the most up-to-date version available at the TutorialTab.com website.
1. Description of Service. TutorialTab is a user experience measurement service. You are responsible for all activities occurring under your username and for keeping your password secure. You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. TutorialTab disclaims all responsibility and liability for the availability, timeliness, security, and reliability of the Service, its content or any other client software. TutorialTab also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You acknowledge and agree that TutorialTab may without prior notice to you stop (permanently or temporarily) providing the Service, or any features within the Service, to you or to users generally. You may stop using the Service at any time. You do not need to specifically inform TutorialTab when you stop using the Service. You acknowledge and agree that if TutorialTab disables access to your account, you may be prevented from accessing the Service, your account details or any files or other content which is contained in your account. Without implied limitation of any other potential modifications which TutorialTab may elect to make to the Service at any time, you acknowledge and agree that while TutorialTab may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by TutorialTab at any time, at TutorialTab’s discretion.
TutorialTab reserves the right to refuse or terminate the Service to anyone at any time without notice for any reason.
2. Proper Use.
You must be at least thirteen years old to use the Service. By your use of the Service, you warrant and represent to TutorialTab that you are at least thirteen years old.
You agree that you are responsible for your own use of the Service and for all posts and other communications you make, and for all consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including but not limited to any laws, rules and regulations regarding the transmission and export of technical or controlled data. You agree that you will not violate TutorialTab’s applicable Content Policy, as from time to time amended and available at the TutorialTab.com website. You agree that we may modify or revise the TutorialTab Content Policy at any time, and you agree to be bound by such modifications or revisions. Although we may attempt to notify you when major changes are made to the TutorialTab Content Policy, you should periodically review the most up-to-date version.
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
Violation of any of the foregoing, including but not limited to the TutorialTab Content Policy, may result in immediate termination of Services, and may subject you to other legal consequences. TutorialTab reserves the right, but shall have no obligation, to investigate without notice to or permission from you, your use of the Service in order to (a) determine whether a violation of these Terms has occurred, or (b) comply with any applicable law, regulation, legal process or governmental request, or (c) for any other reason in TutorialTab’s reasonable opinion.
Much of the content of this Internet site (the “Site”) -- including but not limited to the contents of specific postings -- is provided by and is the responsibility of the persons or entities that made such postings. TutorialTab does not monitor the content ofTutorialTab.com and takes no responsibility for such content. Instead, TutorialTab merely provides access to such content as a service to you.
By its very nature, the Site may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. You agree to use caution and common sense and exercise proper judgment when using the Site. TutorialTab does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorses any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.
3. Accepting the Terms of Service. In order to use the Service, you must first agree to the Terms of Service. You may not use the Service if you do not accept the Terms of Service. Before you continue, you should print off or save a local copy of the Terms of Service for your records. Nothing in this Agreement confers any third-party rights or benefits.
5. General Practices Regarding Use and Storage. You agree that TutorialTab has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service. TutorialTab retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
6. Content of the Service. TutorialTab takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does TutorialTab have any obligation to monitor such third-party content. TutorialTab reserves the right at all times to remove or refuse to distribute any content on the Service, such as but not limited to content which violates the Terms of Service. TutorialTab also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms of Service including investigation of potential violations, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of TutorialTab, its users and the public. TutorialTab will not be responsible or liable for the exercise or non-exercise of its rights under the Terms of Service.
7. Intellectual Property Rights.
TutorialTab's Intellectual Property Rights. You acknowledge that TutorialTab owns all right, title and interest in and to the Service, including without limitation all copyrights and other intellectual property rights related to the Service or its content, subject to the superior rights, if any, of the contributors and authors of content (the "TutorialTab Rights"). TutorialTab Rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service or content. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
Your Intellectual Property Rights. TutorialTab claims no ownership or control over any content submitted, posted or displayed by you on or through TutorialTab Service. You or a third party licensor, as appropriate, retain all patents, trademarks and copyrights of and to any content you submit, post or display on or through TutorialTab’s Service and you are responsible for protecting those rights, as appropriate. TutorialTab content is intended to be available to the members of the public; by submitting, posting or displaying content on or through the Service, (1) you waive and release any claim of confidentiality to content submitted by you, and (2) you grant TutorialTab a worldwide, non-exclusive, royalty-free and paid-up license and right to copy, reproduce, alter, modify, publish, distribute and create derivative works from such content on or in connection with the Service. TutorialTab furthermore reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
You may choose to submit, post, and display any content on or through the Service or the Site under a public license, whether by manually marking your materials as such or using Site service tools to do so. TutorialTab is not a party to any such public license between you and any third party. TutorialTab may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) the Terms of Service.
8. No Resale of the Service. Unless expressly authorized in writing by TutorialTab, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, (c) content, or (d) access to the Service.
9. Account security and passwords. You agree and understand that you are responsible for maintaining the confidentiality of your username and passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to TutorialTab for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify TutorialTab immediately.
10. Publicity. Any use of TutorialTab's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "TutorialTab™" and "TutorialTab.com™” are expressly prohibited unless permission is granted in writing by TutorialTab.com or its parent company.
11. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to TutorialTab at any time to participate in the Service or in connection with the Service or with your account is correct and current; and (b) you have all necessary right, power and authority to consent to and be bound by these Terms of Service and to perform the acts required of you hereunder.
12. Termination; Suspension. TutorialTab may, in its sole discretion, at any time and for any reason, terminate the Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other Content contained in your account. TutorialTab retains the right to keep copies of information in our system for back-up purposes. The Terms of Service (including but not limited to the section regarding limitation of liability), shall survive expiration or termination of a user’s account.
13. Indemnification. You agree to hold harmless, defend and indemnify TutorialTab, and its subsidiaries, affiliates, officers, agents, and employees, from and against any third-party claim arising from or in any way related to your use of the Service, including but not limited to liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. TutorialTab will provide you with written notice of such claim, suit or action.
15. Waiver and Severability of Terms. The failure of TutorialTab to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Terms of Service remain in full force and effect.
16. LIMITATION OF LIABILITY. YOU AGREE THAT UNLESS IN DIRECT CONFLICT OF ANY APPLICABLE STATUTE OR LAW, TUTORIALTAB, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, AS THOSE TERMS ARE UNDERSTOOD IN THE UNITED STATES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
(II) ANY CHANGES WHICH TUTORIALTAB MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
(III) YOUR FAILURE TO PROVIDE TUTORIALTAB WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON TUTORIALTAB’S LIABILITY TO YOU IN THE PARAGRAPHS ABOVE SHALL APPLY WHETHER OR NOT TUTORIALTAB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
17. Statute of Limitations. You agree that unless in direct conflict of any applicable statute or law, any claim or cause of action arising of or related to use of TutorialTab Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A., without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Suffolk County, Massachusetts, and you consent to the jurisdiction of the Massachusetts and U.S. courts sitting in Massachusetts.
19. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please refer tohttp://www.TutorialTab.com/contact or our website for information on how to file or respond to a notice of infringement.