An Introduction to EdoReal's Terms of Service
Welcome to EdoReal! Here is a quick summary of the highlights of our Terms of Service:
Last Updated: March 20, 2019
Welcome to EdoReal! EdoReal is a platform to gain and share knowledge, empowering people to learn from others and better understand the world.
These terms of service ("Terms of Service") sets forth the agreement ("Agreement") between you and EdoReal Learning Solutions Pvt Ltd. ("EdoReal" "we" or "us"). It governs your use of the products and services we offer through our web and applications (collectively the "EdoReal Platform").
Please make sure to read it, because, by using the EdoReal Platform, you consent to these terms.
EdoReal's mission is to share and grow the world's knowledge. The EdoReal Platform is a place to ask questions and connect with people who contribute unique insights and quality answers. This empowers people to learn from each other and to better understand the world.
Who Can Use It. Use of the EdoReal Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use.
In your interaction with others on the EdoReal Platform, you agree to follow the Acceptable Use Policy at all times.
Termination. You may close your account at any time by going to account settings and disabling your account. We may terminate or suspend your EdoReal account if you violate any EdoReal policy or for any other reason.
Changes to the EdoReal Platform. We are always trying to improve your experience on the EdoReal Platform. We may need to add or change features and may do so without notice to you.
We welcome your feedback and suggestions about how to improve the EdoReal Platform. Feel free to submit feedback at EdoReal.com/contact. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
Definition of Your Content. The EdoReal Platform enables you to add posts, texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the EdoReal Platform will be referred to collectively as "Your Content." You acknowledge and agree that, as part of using the EdoReal Platform, Your Content may be viewed by the general public.
Ownership. You, or your licensors, as applicable, retain ownership of the copyright and other intellectual property in Your Content, subject to the non-exclusive rights granted to us below.
License and Permission to Use Your Content.
By submitting, posting, or displaying Your Content on the EdoReal Platform, you grant EdoReal and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate and make available to the public, and otherwise use Your Content in connection with the operation or use of the EdoReal Platform or the promotion, advertising or marketing of the EdoReal Platform or our business partners, in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for EdoReal to make Your Content available to other companies, organizations, business partners, or individuals who collaborate with EdoReal for the syndication, broadcast, communication and making available to the public, distribution or publication of Your Content on the EdoReal Platform or through other media or distribution methods. This license also includes the right for other users of the EdoReal Platform to use, copy, reproduce, adapt, modify, create derivative works from, publish, transmit, display, and distribute, translate, communicate and make available to the public Your Content, subject to our Terms of Service. If you do not wish to allow your answers to be translated by other users, you can globally opt-out of translation in your profile settings or you can designate certain answers not for translation.
Once you post an answer to a question, you may edit or delete your answer at any time from public display on http://www.EdoReal.com, except in the case of anonymously posted answers. However, we may not be able to control removal of the answer from display on syndicated channels or other previously distributed methods outside of www.EdoReal.com. EdoReal may remove suspected spam from your answers. Once you post a question, it may be edited or deleted by other users or by EdoReal at any time. Any edits and changes made by you may be visible to other users. The right for EdoReal to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law, except as otherwise specified in this Agreement.
You acknowledge and agree that EdoReal may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of EdoReal, its users, or the public.
You understand that we may modify, adapt, or create derivative works from Your Content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish Your Content, in whole or part, at any time.
You further give us the permission and authority to act as your nonexclusive agent to take enforcement action against any unauthorized use by third-parties of any of Your Content outside of the EdoReal Platform or in violation of our Terms of Service.
Your Responsibilities for Your Content. By posting Your Content on the EdoReal Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation.
You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate EdoReal's Acceptable Use Policy, Copyright Policy, Trademark Policy, other published EdoReal policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
Definition of Our Content and Materials. All intellectual property in or related to the EdoReal Platform (specifically including, but not limited to our software, the EdoReal marks, the EdoReal logo, but excluding Your Content) is the property of EdoReal Learning Solutions Pvt Ltd, or its subsidiaries and affiliates, or content posted by other EdoReal users licensed to us (collectively "Our Content and Materials").
Data. All data EdoReal collects ("Data") about use of the EdoReal Platform by you or others is the property of EdoReal Learning Solutions Pvt Ltd., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.
We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the EdoReal Platform or to remove content. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Integrated Service Provider
You may enable another online service provider, such as a social networking service ("Integrated Service Provider"), to be directly integrated into your account on the EdoReal Platform. By enabling an integrated service, you are allowing us to pass to, and receive from, the Integrated Service Provider your log-in information and other user data.
Advertisements. The EdoReal Platform may include advertisements, which may be targeted to content or information on the EdoReal Platform, queries made through the EdoReal Platform, or other information, in an effort to make them relevant to you. The types and extent of advertising by EdoReal are subject to change. In consideration for EdoReal granting you access to and use of the EdoReal Platform, you agree that EdoReal and its third party providers and partners may place such advertising on the EdoReal Platform. If you wish to become an advertiser, you will be required to enter into separate and supplemental terms with us about providing advertising services on the EdoReal Platform.
Legal, Medical & Other Professional Contributors. Some users who post content are members of legal, medical, and other licensed professions (collectively, "Professional Contributors"). Content posted by Professional Contributors should be not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. EdoReal has provided certain disclaimer template language that Professional Contributors may edit and incorporate in their answers. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.
Buttons, Links and Widgets. You have permission to use EdoReal's buttons, links, and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that:
Web resources and third-party services. The EdoReal Platform may also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
Services that Require Separate Agreement. Certain features or services may require that you enter into a separate and supplemental written agreement prior to use.
Reporting Violations of Your Intellectual Property Rights, EdoReal Policies, or Applicable Laws
We have a special process for reporting violations of your intellectual property rights or other violations of EdoReal policies or applicable laws.
Copyright Policy and Trademark Policy. We have adopted and implemented a Copyright Policy and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the EdoReal Platform infringes your intellectual property rights, please read our Copyright Policy and Trademark Policy. For your convenience, we provide you the following Copyright Infringement Claim Form and Trademark Infringement Claim Form, which you should use, as applicable, for fastest processing.
Reports of Other Violations. If you believe content on the EdoReal Platform violates EdoReal's Acceptable Use Policy or otherwise violates applicable law (apart from copyright or trademark violations) or other EdoReal policies, you may submit the following Other Infringement Claim Form.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF EdoReal ENTITIES TO YOU.
"EdoReal ENTITIES" MEANS EdoReal Learning Solutions Pvt Ltd, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE ARE PROVIDING YOU THE EdoReal PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EdoReal ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USEAGE.
EdoReal MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR:
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, EdoReal ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EdoReal ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE EdoReal PLATFORM.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE EdoReal PLATFORM IS TO STOP USING THE EdoReal PLATFORM.
WITHOUT LIMITING THE FOREGOING, EdoReal'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE EdoReal PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO EdoReal IN CONNECTION WITH THE EdoReal PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF EdoReal'S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.
You agree to release, indemnify, and defend EdoReal Entities from all third-party claims and costs (including reasonable attorneys' fees) arising out of or related to:
You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
This Agreement and any action arising out of your use of the EdoReal Platform will be governed by the laws of the State of Hyderabad without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the EdoReal Platform will be brought solely in Santa Clara County, Hyderabad, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
Governing Law and Jurisdiction. You agree that EdoReal is operated in the India and will be deemed to be solely based in Hyderabad and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Santa Clara County, Hyderabad and governed by laws of the state of Hyderabad and federal law, without regard to any conflict of law provisions.
Use Outside of the India. EdoReal expressly disclaims any representation or warranty that the EdoReal Platform complies with all applicable laws and regulations outside of the India. If you use the EdoReal Platform outside of the India, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the EdoReal Platform.
Export. The EdoReal Platform is controlled and operated from our India offices in Hyderabad. EdoReal software is subject to India export controls. No software for EdoReal may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not
Applications and Mobile Devices. If you access the EdoReal Platform through a EdoReal application, you acknowledge that this Agreement is between you and EdoReal only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the EdoReal Platform through a mobile device, your wireless carrier's standard charges, data rates, and other fees may apply.
Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Terms).
Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the EdoReal Platform and constitutes the entire agreement between you and us regarding the EdoReal Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.
Interpretation. In construing or interpreting the terms of this Agreement:
Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid:
Notices will be deemed given:
Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and to take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
Feel free to contact us through EdoReal.com/contact with any questions about these terms. EdoReal is a private limited company, located at 301 Vidhya, Prashanth Nagar, Boduppal, Hyderabad, TS 500092, India.