THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NETWORK FOR TEACHING ENTREPRENEURSHIP, INC. ("NFTE") in connection with your use of NFTE's proprietary products and services, including but not limited to the makemyjob.org website (collectively "the Services"), to create a business plan and participate in a marketplace of business ideas, and other features of the Services, as set forth in this Agreement.
BEFORE CLICKING ON THE "I AGREE" BUTTON BELOW OR DOWNLOADING OR UPLOADING ANY CONTENT FROM OR TO NFTE'S SERVICES, YOU SHOULD READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON BELOW OR DOWNLOADING OR UPLOADING ANY CONTENT FROM OR TO NFTE'S SERVICES, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH YOU ACKNOWLEDGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
YOU MAY USE THIS SERVICE IF YOU ARE BETWEEN THE AGE OF 13 TO 19 YEARS OF AGE. HOWEVER, YOU MUST BE AT LEAST 18 YEARS OLD TO ENTER INTO THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OLD, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND ENTER INTO THIS AGREEMENT ON YOUR BEHALF.
1. Grant of Rights.
You grant NFTE, and its affiliates, successors, assigns, licensees, and sublicensees, the nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully transferable right and license (including but not limited to the right to sublicense to others) to reproduce, modify, use, create derivative works based upon, publish, publicly perform, publicly display, transmit, broadcast, serve, deliver, market, distribute, and/or otherwise exploit or license any and all content in all forms and media now known or hereafter developed, that you upload to NFTE's Services, or otherwise provide to NFTE (collectively "Your Content"). You irrevocably waive any and all "moral rights" that you may have in any of Your Content, including but not limited to the rights of paternity or integrity, and rights to claim authorship in relation to any of Your Content, or in any works in which it is incorporated.
2. NFTE Services and Materials.
2.1. Materials. The digital platform and other materials available to you through NFTE's Services including but not limited to any content specifically made available for use in creating your business plan (collectively the "Materials"), are owned by NFTE or its licensors. You agree that these licensors are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their Materials. You may:
- use the Materials for your personal, non-commercial use, in connection with your use of the Services;
modify and create derivative works from Materials available through the NFTE Services only as specifically authorized by the Services.
- Except as expressly set forth in this Agreement (or as otherwise specifically authorized in writing by NFTE), you may not authorize, encourage or allow the Materials obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise NFTE promptly if you become aware of any such unauthorized use. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY NFTE AND ITS LICENSORS.
2.2. Fees. NFTE does not charge fees for the use of the Services. YOU MAY, HOWEVER, INCUR ADDITIONAL CHARGES FROM MOBILE DEVICE SERVICE SUPPLIERS AND OTHER TELECOMMUNICATIONS PROVIDERS. Please check with your service suppliers to obtain information on applicable fees.
2.3 Control of Materials. NFTE does not control or pre-screen the Materials, nor does it protect Your Content from any unauthorized use. You agree that you bear all risk relating to your uploading of Your Content and downloading and use of the Materials. You agree to hold NFTE, its affiliates, suppliers, licensors and sublicensees, and each of its and their employees, officers, directors, trustees, successors, licensees, assigns, and advisors (collectively the "NFTE Parties") from and against any and all claims, damages, demands, or liabilities, including attorneys' fees and costs, relating to Your Content and/or the Materials, including your uploading of Your Content and/or downloading and usage of the Materials and from and against any unauthorized use of the Materials and/or Your Content.
3. Member Account, Password, And Security. To register, you must complete the registration process by providing us with current, complete and accurate information as prompted by the registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NFTE immediately of any unauthorized use of your account or any other breach of security. NFTE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NFTE or another party due to someone else using your account or password.
6. Warranties and Representations. You warrant and represent that you own or have otherwise obtained all necessary rights to use Your Content, and to grant NFTE the rights granted hereunder. You further warrant and represent that Your Content does not infringe any personal or proprietary right of any third party, including but not limited to any rights of copyright. You agree to indemnify, defend and hold harmless the NFTE Parties from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs, arising out of any breach of your representations and warranties hereunder, or any claim that Your Content, in any way infringes misappropriates, or violates any party's personal or proprietary rights of any kind.
7. Disclaimers. YOU UNDERSTAND AND AGREE THAT YOUR USE OF NFTE'S SERVICES, AND THE MATERIALS IS AT YOUR OWN SOLE RISK. NFTE'S SERVICES AND THE MATERIALS ARE PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. NFTE SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SERVICES OR THE MATERIALS WILL PERFORM UNINTERRUPTED OR ERROR FREE, AND ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY, OR SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY NFTE EMPLOYEES OR OTHERWISE, WHICH ARE NOT CONTAINED IN THIS AGREEMENT WILL BE DEEMED TO BE A WARRANTY BY NFTE FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY TO NFTE WHATSOEVER.
8. Limitation of Liability. Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL ANY NFTE PARTY BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND LOSS, DAMAGE, OR DESTRUCTION OF DATA) EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE NFTE PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL DAMAGES OR LIABILITY EXCEED US$500. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply. Without limiting any of the foregoing, in no event will NFTE be liable for any delay or failure to perform which is due to causes beyond its reasonable control.
9. Governing Law; Venue. This Agreement and its validity, construction and performance will be governed in all respects by the laws and in the state and federal courts, of the State of New York, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction, and waive any objections to the venue of such courts.
10. General Provisions. This Agreement contains the entire understanding of the parties relating its subject matter and supersedes any prior written or oral agreement or understandings between the parties with respect to its subject matter. This Agreement may be amended only by a writing signed by both parties. The provisions of this Agreement are to be interpreted in a reasonable manner to effect the purpose of the parties, and this Agreement is not to be interpreted or construed against NFTE because it participated in the drafting of this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. NFTE may assign or transfer this Agreement, in whole or in part, to any party without notice. All terms and conditions of this Agreement which by their nature are meant to survive the termination of this Agreement will survive termination, including but not limited to Paragraphs 6, 7, 8, 9 and 10.
BY CLICKING ON THE "I AGREE" BUTTON BELOW OR DOWNLOADING MATERIALS OR UPLOADING YOUR CONTENT FROM OR TO NFTE'S SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT CAREFULLY, THAT YOU HAD THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY LEGAL COUNSEL AND THAT YOU ARE AT LEAST 18 YEARS OLD, AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR AT LEAST 13 YEARS OF AGE, AND APPROVE OF AND HAVE THE LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT.
Last updated: April, 28, 2014