Terms
of Service
These Terms of Service (“Terms”)
govern your access to and use of our website, www.thenetworkingacademy and any of our mobile apps (the “Service”) which are operated by us, The NetworKing BV.
Your access and use of our Service is conditioned on your compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. By accessing and/or using our Service, you are agreeing to be
bound by these Terms, which constitute a binding legal agreement between us.
The Service
Our Service allows users to create a
personal profile and provide informational content, including photos, videos,
and other materials (“Content”) about themselves, which may be viewed and
commented on by other users. Our Service may change from time to time, or we
may stop (permanently or temporarily) providing the Service (or any features
within the Service) to you or to users generally. We retain the right to create
limits on access and use of the Service or to charge users a fee for the use of
certain features, which we may decide to do at any time, although, in either
case, we will provide you with prior notice before such limits or fees take
effect.
Privacy Policy
Any personal information that you
provide to us is subject to our Privacy Policy, which governs our collection
and use of your personal information. As part of providing the Service, we may
need to provide you with certain communications, such as service announcements
and administrative messages. These communications are considered part of the
Service and your Account, which you may not be able to opt-out from receiving.
Creating an Account
In order to use the Service, you
will need to register and create an account (“Account”). In creating an
Account, you represent that you are of legal age to form a binding contract and
are not a person barred from receiving services under the laws of the United
States or other applicable jurisdiction. When creating an Account, you may be
required to provide certain personal information about yourself and establish a
username and a password. You agree to provide accurate, current and complete
information about yourself. We reserve the right to suspend or terminate your
Account if any information provided during the registration process or thereafter
proves to be inaccurate, false or misleading. You are responsible for
maintaining the confidentiality of your password and for the activities that
occur under your Account.
Account Terms
The following terms apply to your
use of the Service and any account that you may open or attempt to open via the
Service:
- You represent and warrant that you are at least 16 years of age. If you are under age 16, you must have your parent of guardian’s permission to use the sites and you represent and warrant that you have obtained such permission. Children under the age of 13 may not use the sites or register for an account.
- You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Dream See Do will not be liable for any loss or damage from your failure to comply with this security obligation.
Cancellations and Refunds
The NetworKing BV is not responsible or liable for any refunds for courses, workshops, or other purchases on the Service.
Premium Services
The use of certain features and services in our Service require that you pay a fee. To enable and use The NetworKing Academy courses or services, you are required to subscribe to and pay the fees associated with The NetworKing Academy courses or services that you have selected in accordance with the terms. We will bill you for the use of The NetworKing Academy courses or services through your Account. The pricing and payment options for The NetworKing Academy courses or services are described on the Service and are subject to change. We may modify the fees for The NetworKing Academy courses or services at any time; however, we will provide you at least thirty (30) days notice prior to any changes to the fees taking effect. Unless otherwise stated, all fees are quoted in Euros.
You agree to pay the applicable fees for the use of The NetworKing Academy courses or services and you authorize us to charge your chosen payment provider for The NetworKing Academy courses or services. By purchasing The NetworKing Academy courses or services, you agree that we may automatically charge you the applicable fee for The NetworKing Academy courses or services to your Account at the beginning of each subscription period until you terminate using The NetworKing Academy courses or services.
You agree to provide current, complete, and accurate billing and payment information regarding your Account, and to promptly update such billing and payment information with us in the event of any changes. If we do not receive payment from your payment provider, you agree to pay all amounts due on your Account upon demand and we may temporarily suspend or terminate your access to The NetworKing Academy courses or services for nonpayment. Your non-termination or continued use of The NetworKing Academy courses or services reaffirms that we are authorized to charge your payment provider.
Recurring Billing
The monthly or yearly licensing fee will be billed on the beginning of the paying portion of your plan and each month or year thereafter unless and until you cancel your plan. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started using The NetworKing Academy courses or services or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed that date.
No Refunds for Plans
Payments for The NetworKing Academy courses or services are nonrefundable and there are no refunds or credits for partially used plans. In special circumstances, The NetworKing BV has the sole discretion to provide a refund. Following any cancellation, you will continue to have the benefits of The NetworKing Academy courses or services through the end of your current billing period.
Cancellations
You may cancel The NetworKing Academy courses or services monthly plan at any time for any or no reason. To cancel your recurring monthly subscription, please visit your payment settings within your The NetworKing BV account profile located at https://www.dreamseedo.org. If you have canceled The NetworKing Academy courses or services Membership, you will lose access to all features and Classes you enrolled into during The NetworKing Academy courses or services Membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid.
Price Changes
We reserve the right to adjust
pricing for our licensing and service offerings, or any components thereof in
any manner and at any time as we may determine in our sole and absolute
discretion. Except as otherwise expressly provided for in these Terms of Use,
any price changes to your service will take effect following email notice to
you.
Specific Rules for Students
When you enroll in a course on the
Site, you agree to the following rules:
- You will accept all of the terms and conditions including the cancellation policy listed in the Course or Service when you agree to enroll in or access a course in any of The NetworKing Academy courses or services.
- You will follow all reasonable rules set by an instructor with respect to a course, and you will not take any actions to interfere with the instructor or any other students in the class.
- You may access group and course content for your information and personal use only.
- You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or the instructor’s ongoing relationship with any students participating in such group or course.
- The NetworKing BV reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.
Content Submissions
You are responsible for the Content that you post, upload or submit to the Service, including its legality, reliability, and appropriateness. By submitting, posting or displaying any Content on or through the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You can remove Content that you posted by specifically deleting it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed and copies of Content may continue to exist on the Service and/or elsewhere. We have no responsibility or liability for the removal or deletion of, or the failure to remove or delete any Content on the Service.
We ask that you respect other users
when posting Content and using the Service. When submitting Content to or
otherwise using the Service, you agree not to:
- submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
- publish falsehoods or misrepresentations;
- post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic,harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals; or
- post or otherwise make publicly available any personal or financial information of any person or entity for which you do not have the right or permission to do so.
This list is an example and is not
intended to be complete or exclusive. We may, but are not obligated to, monitor
or control the Content posted via the Service. We reserve the right, at any
time and without prior notice, to remove or disable access to any Content, that
we consider, in our sole discretion, to be in violation of these Terms or
otherwise harmful to the Service.
Content on the Service
The Content available through the
Service has not been reviewed, verified or authenticated by us, and may include
inaccuracies or false information. We make no representations, warranties, or
guarantees in connection with the Service, or any Content, relating to the
quality, suitability, truth, accuracy or completeness of any content contained
in the Service.
Copyright Policy
We do not permit copyright
infringing activities and infringement of intellectual property rights on the
Service and will remove any such Content if properly notified that such Content
infringes on another’s intellectual property rights. If you are a copyright
owner or an agent thereof and believe that any Content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act (DMCA) by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Unauthorized Activities
The Service may be used and accessed
for lawful purposes only. You agree that you will not do any of the following
while using or accessing the Service: (i) attempt to access or search the
Service or download content from the Service through the use of any engine,
software, tool, agent, device or mechanism (including spiders, robots,
crawlers, data mining tools or the like) other than the software and/or search
agents provided by us or other generally available third party web browsers;
(ii) access, tamper with, or use non-public areas of the Service, our computer
systems, or the technical delivery systems of our providers; (iii) gather and
use information, such as other users’ names, real names, email addresses,
available through the Service to transmit any unsolicited advertising, junk
mail, spam or other form of solicitation; (iv) use the Service for any
commercial purpose or for the benefit of any third party or in any manner not
by these Terms; (v) violate any applicable law or regulation; or (vi) encourage
or enable any other individual to do any of the foregoing. We reserve the right
to investigate and prosecute violations of any of the above and/or involve and
cooperate with law enforcement authorities in prosecuting users who violate
these Terms.
Indemnity
You agree to indemnify and hold us
harmless from and against any and all costs, damages, liabilities, and expenses
(including attorneys’ fees) we incur in relation to, arising from, or for the
purpose of avoiding, any claim or demand from a third party that your Content
or your use of the Service (including by any person using your Account and/or
user name and/or password) violates any applicable law or regulation, or the
rights of any third party.
Links to Third Party Sites
The Service may include links to
other sites that are not operated by us. We are providing these links to you
only as a convenience and are not responsible for the content or links
displayed on such sites. You are responsible for and assume all risk arising
from your use or reliance of any third party sites.
Termination
If you breach any of these Terms, we
have the right to suspend, disable or terminate your access to or use of the
Service, at its sole discretion and without prior notice to you. We will not be
liable to you or any third party for termination of your access or use of the
Service. Any suspension or termination will not affect your obligations to us
under these Terms (including, without limitation, ownership, confidentiality,
indemnification and limitation of liability), which by their sense and context
are intended to survive such suspension or termination.
Ownership
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Any comments, suggestions, and feedback (“Feedback”) about the Service that you provide will be our property, to use however we choose and you assign us, all right, title and interest worldwide in such Feedback.
Disclaimers
Your use of the Service is at your
own risk. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS
AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. We will not be responsible
for any harm to your computer, mobile device or tablet computer, loss of data
or other harm that results from your use of the Service. We make no warranty
that the Service will meet your requirements or be available on an
uninterrupted, secure, or error-free basis.
The presence of a business on the
Service does not imply or constitute any endorsement by us. In addition, we do
not verify that any Content that has been submitted by our users (or any claims
that are made) is complete, accurate, or reliable, and there is no guarantee
that the information has been independently checked or verified by us or any
other person or entity.
Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE AND IN NO EVENT WILL IT EXCEED $50. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OF ANY USER ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE; AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, AND IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the
exclusion of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to
you.
General
These Terms will be governed by and
construed in accordance with the laws of the State of Connecticut, without
regard to or application of conflict of laws rules or principles. Our failure
to enforce any right or provision of these Terms will not be deemed a waiver of
such right or provision. In the event that any provision of these Terms is held
to be invalid or unenforceable, the remaining provisions of these Terms will remain
in full force and effect. These Terms constitute the entire agreement between
us regarding the Service, and supersede and replace any prior agreements
between us regarding the Service. We may revise these Terms from time to time,
and we will try to provide at least 30 days notice prior to any new terms
taking effect. By continuing to access or use the Service after those revisions
become effective, you agree to be bound by the revised Terms.
Contacting Us
If you have any questions regarding these Terms & Conditions please contact us at
ruf@thenetworking.com
Effective: September 10, 2019
