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Terms of Service

TERMS OF USE OF
MYPEERTUTORS.COM CORP


1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.mypeertutors.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Mypeertutors.com Corp. (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.


YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. IF NOT, SEE 1A, IMMEDIATELY BELOW.


1A. IF YOU ARE UNDER 18. If you are under the age of 18, first go ask your parents to read this agreement for you. If they do not appear to understand this agreement, then ask your parents to seek legal advice.


In the event your parents do understand this agreement, this is what this agreement is about: when you access or use this website, we presume that your intention is to be bound by the terms of use listed herein below. Recent court decision affirms that you do. (If you are interested, please see a court case titled, C.M.D. v. Facebook, Inc. decided on March 26, 2014 in the U.S. Federal Court in the Northern District of California.). ACCORDINGLY, IF YOU USE THIS SITE AND/OR SERVICE, YOU EXPRESSLY AGREE THAT YOU ARE BOUND BY THESE TERMS OF USE AND YOU EXPRESSLY REPRESENT THAT YOU DO IN FACT UNDERSTAND THESE TERMS OF USE AND INTEND TO COMPLY THEREWITH.


IF YOU DO NOT BELIEVE THAT YOU ARE BOUND BY THE TERMS OF USE OR DO NOT INTEND TO BE BOUND BY THE TERMS OF USE, PLEASE TERMINATE YOUR ACCOUNT, DELETE ALL CONTENTS YOU MAY HAVE CREATED USING THE SITE OR SERVICE AND IMMEDIATELY STOP USING THIS WEBSITE. YOUR CONTINUING USE WILL BE TREATED AS YOUR CONSENT.


2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here. Company’s privacy policy is expressly incorporated into this Agreement by this reference. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.


3. DESCRIPTION OF SERVICE. Subject to your strict compliance with the Terms of Use, the Service let you do the following: (a) register as a Tutee or Tutor (defined below); (b) visit various webpages on the basis of topics of educational and cultural interests (“Topics”), (c) connect with a Tutor(s) or Tutee(s) by audio or video chatting to receive tutoring (requires Gems); and (d) convert Gems into cash (once a Tutor accumulates certain amount of Gems set by Company) and donate a portion(s) to an organization of your choice (chosen from a list of organizations that Company will list, which may be modified from time to time without advance notice).


3.1 Tutor. Tutor is a user of this Site who are generally fluent in English and feel confident and comfortable in tutoring a user(s) who desires tutoring in spoken English. A user of the Site will initially have the choice to designate himself or herself as a Tutor; provided that Company within its sole discretion may subsequently make a permanent change to such designation without advance notice or consent from a user. A Tutor may have more than one Tutee. Company may require a Tutor to have his or her parent’s attendance during the first session with any Tutee. Notwithstanding foregoing, Company may require a Tutor to submit additional information to verify his or her parent’s attendance during any sessions with a Tutee.


3.2 Tutee. Alternatively, a user of the Site may create the account as a Tutee. A Tutee may have more than one Tutor. By designating as a Tutee, you get to use the Site and Services to get connected with a Tutor(s). Company specifically prohibits any pecuniary or commercial activities between or among any users for whatsoever purposes unless otherwise expressly noted in these Terms of Use. A Tutee is required to have his or her parent’s attendance during the first session with any Tutor. Notwithstanding foregoing, Company may require a Tutee to submit additional information to verify his or her parent’s attendance during any sessions with a Tutor.


3.3 Gems. A Tutee purchases Gem from Company to pay Tutors of his or her choice for tutoring conducted by Tutor. Gem is a virtual currency to be used in the Site. A Tutor earns Gems by actively tutoring Tutees. A Tutor is recommended not to spend excessive amount of time in tutoring activities. To see how Gems are purchased and used in detail, please access ‘How Gem Works’ by clicking here.


3.4 How a Session Begins. Either a Tutor or Tutee may initiate a tutoring session by selecting a Topic and requesting a Tutee or Tutor to participate in a session. A Tutor/Tutee is free to reject a request from a Tutee/Tutor to participate in a session.


3.5 Topics. A Topic is a user- or Company-created topic of interest in educational and cultural nature. Either a Tutee or a Tutor may create a Topic and post within the Site. Company has the sole discretion to restrict, limit, edit, modify, delete or remove any Topic with or without a cause. Without limiting generality of the foregoing, a Topic that is not in compliance with these Terms of Use or otherwise improper will be removed. A user of 18 years or younger may also request Company to delete, and render invisible to any other users, any of his or her Topics, and other contents posted by him or her. Once Company receives a request to erase such Topics or contents, Company will verify the request and upon verification promptly Company will delete or render invisible any such postings.


3.6 Evaluating Tutors. A Tutee will be given opportunities to evaluate a Tutor following each tutoring session using evaluation tools that are provided in the Site. Company will display a summary of evaluations for each Tutor to help Tutee in selecting a Tutor(s).


3.7 Evaluating Tutees. A Tutor will be given opportunities to evaluate a Tutee following each tutoring session using evaluation tools that are provided in the Site. Company will display such evaluations to the Tutee who is evaluated by the Tutor but will not display to the public.


3.8 Tutoring Session; Code of Conduct. Each user of the Site, each Tutor and Tutee, must use the Site and Services in strict compliance with the Code of Conduct, which Company may update or modify from time to time. By entering into this Agreement, each user is agreeing to be bound by the terms of the Code of Conduct, which is a part of this Agreement. Company may warn a user if he or she fails to comply with the terms of the Code of Conduct. If a user repeatedly fails or commits serious breach with the Code of Conduct, Company may suspend or terminate his or her account with or without a prior warning(s) regardless whether the user has previously been warned by Company or otherwise. You can view the current version of the Code of Conduct by clicking here.


3.9 Reporting Cyberbullying and Other Inappropriate Sessions and Comments. Each user may report any cyberbullying or any other inappropriate activities, speeches, comments or conducts (“Reportable Conducts”) of another user by submitting comments by clicking here. Such Reportable Conducts are in violation of the Code of Conduct.


3A. WHAT COMPANY, SERVICE AND SITE WON’T DO. The Site and Service provide a platform and tool for users to connect for specific purposes outlined in these Terms of Use and do nothing more. This Site and Service may not be used for any pecuniary purposes whatsoever. Each user specifically agrees and acknowledges that “Service” is exclusively limited to providing platforms and excludes any aspects or conducts of whatsoever kind relating to tutoring activities. A Tutor is a user of this Site subject to these Terms of Use and is not an agent, employee, contractor, partner, joint-venturer, member or service provider of Company under any circumstances and under any theories. Company does not employ any Tutor. Company has no interests in the successes or outcome of, or control over, a Tutor’s activities, subject to this Terms of Use, including the Code of Conduct. Company does not provide any benefits to a Tutor except to the extent expressly provided herein otherwise. Company has no obligations toward any user whether a Tutor of Tutee under any circumstance for anything except to the extent expressly provided herein otherwise.


4. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.


4A. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, delete and/or remove User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.


5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.


6. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.


7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Sunwoo Choi, CEO
Mypeertutors.com corp
300 Delaware Avenue, Ste 210
Wilmington, DE 19801
support@mypeertutors.com


8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.


9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.


10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.


11. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.


12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (f) misrepresenting ages or other personal data used in creating the account with the Site or to use the Service; (g) using or accessing the Site and the Service for political, social, inappropriate, improper, illegal, immoral, financial, pecuniary or commercial purposes or contents; or (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
If you encounter any such prohibited uses by other users, please bring such uses to our immediate attention by emailing to support@mypeertutors.com (which may be replaced by another email address in the future by us with or without advance notice). Company cannot guarantee how speedily Company will investigate, address and/or take actions when Company receives such reports; however, Company will take diligent and prompt actions to investigate, address and/or take all appropriate actions.


13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.


14. COPYRIGHT. All contents of Site or Service are: Copyright ⓒ 2015 Mypeertutors.com, Corp., 300 Delaware Avenue, Ste 210 Wilmington, DE 19801.. All rights reserved.


15. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Jose, California in all disputes arising out of or related to the use of the Site or Service. You expressly waive defenses based on venue, inconvenient forum, or lack of personal jurisdiction. The order or judgment entered by a state or federal court in San Jose, California shall be enforceable in the country of Your residence. You expressly agree to service of court papers, summons and complaints and orders and judgments, by electronical means, waiving any procedures listed in the Hague Convention for service of court documents.


16. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.


17. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.


18. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.


19. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.


20. ENTIRE AGREEMENT. This Agreement together with documents referred to herein or made accessible by clicking links provided herein constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and merges all prior agreements or understandings, whether written or oral.


21. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.


22. NON-DISCLOSURE AGREEMENT. This is an agreement, effective December 17, 2016, between Mypeertutors.com (the "Company") and Tutee and Tutor during beta test period (the “Beta User“), in which Beta User agrees to test a Web Service known as Mypeertutors' Web Service (the “Web Service”) and keep the Company aware of the test results.


22-1. Beta User's Obligations: Beta User shall test the Web Service under normally expected operating conditions in Beta User's environment during the test period. Beta User shall gather and feedback test data including inconvenience of use as mutually agreed upon with the Company. Beta User shall allow the Company access to the Web Service during normal working hours for inspection, modifications and maintenance.


22-2. Web Service a Trade Secret: Beta User acknowledges that the Web Service is proprietary to, and a valuable trade secret of, the Company and is entrusted to Beta User only for the purpose set forth in this Agreement. Beta User shall treat the Web Service in the strictest confidence. Beta User agrees that it will not, without the Company's prior written consent:


(a) disclose any information about the Web Service, its design, contents and performance of system, its code, and the existence of the beta test and its results to anyone other than Beta User's employees who are performing the testing;


(b) copy any portion of the Web Service or documentation including contents, except to the extent necessary to perform the beta testing; or


(c) reverse engineer, decompile or disassemble the Web Service System or any portion of it.


22-3. Security Precautions: Beta User shall take reasonable security precautions to prevent the Web Service from being seen by unauthorized individuals.


22-4. Term of Agreement: The test period shall last from December 17, 2016, until December 17, 2017. This Agreement shall terminate at the end of the test period or when the Company asks Beta User to return the Web Service, whichever occurs first. The restrictions and obligations contained in Clauses 22-2, 22-5, 22-6 and 22-7 shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind Beta User, its successors, heirs and assigns.


22-5. Disclaimer of Warranty: Beta User understands and acknowledges that the Web Service is a test service and its accuracy and reliability are not guaranteed. Owing to its experimental nature, Beta User is advised not to rely exclusively on the Web Service for any reason. Beta User waives any and all claims it may have against the Company arising out of the performance or nonperformance of the Web Service.


THE Web Service IS PROVIDED AS IS, AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


22-6. Limitation of Liability: The Company shall not be responsible for any loss or damage to Beta User or any third parties caused by the Web Service or by the Company's performance of this Agreement.


THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE Web Service OR ANY PERFORMANCE OF THIS AGREEMENT.


22-7. No Rights Granted: Beta User understands and acknowledges that the Web Service is provided for its own use for testing purposes only. This Agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in the Web Service or the Company's trade secrets to Beta User. Beta User may not sell or transfer any portion of the Web Service to any third party or use the Web Service in any manner to produce, market or support its own services. Beta User shall clearly identify the Web Service as the Company's property.


22-8. No Assignments: This Agreement is personal to Beta User. Beta User shall not assign or otherwise transfer any rights or obligations under this Agreement.


22-9. Entire Agreement: This Agreement contains the entire understanding and agreement of the parties relating to the subject matter hereof. Any representation, promise or condition not explicitly set forth in this Agreement shall not be binding on either party.


22-10. Applicable Law: This Agreement is made under, and shall be construed according to, the laws of the State of California.
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