Description of sites and services
Tutors-Live provides users with the ability to find teachers and/or students based on various search criteria, and to establish connections between users with the goal of offering private lessons (online or at home).
Tutors-Live does not collect payments for lessons or keep track of lessons; after the initial contact, all subsequent interactions between student and teacher happen outside of Tutors-Live, which is not responsible of their quality and legitimacy.
In order to send initial messages by means of the internal messaging system, users must have a Premium subscription.
Acceptance of terms, changes to TOU
Tutors-Live provides the Services to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on the Sites. Your continued use of the Services, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of the Services.
Your license to use the services
Tutors-Live grants you a personal, non-exclusive, non-transferable, revocable license to use the Services, including the Sites. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Services, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Tutors-Live and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Except as otherwise expressly permitted in this Agreement, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, except as otherwise permitted by applicable law; or (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services. You may not access the Services by any means other than through the interface that is provided by Tutors-Live. Furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Services in an automated manner by use of "spiders", "robots" or otherwise), nor may you use the Services in any manner that could interfere with any other party's use and enjoyment of the Services. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Services. All commercial and/or unauthorized use of the Services is strictly prohibited. You agree not to use or resell the Services for any commercial purpose, including, but not limited to, sending unsolicited commercial messages.
The Services remain at all times the sole property of Tutors-Live or its third party licensors, and their use is subject to the copyright and trademark notices that are found here. All rights in the Services not expressly granted to you by Tutors-Live under the TOU are retained by Tutors-Live.
Postings to the services
The Services may permit you to post, submit transmit, email, or otherwise make available a description and image of yourself and evaluations and comments related to other users (collectively, "Postings".) You may only submit Postings that you created or that you have permission to submit and that do not violate copyright, trademark, or any other rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings to any of the other Services, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known.
You may not upload, post, submit, email, transmit, or otherwise make available any Postings that (i) contain falsehoods or misrepresentations that could damage Tutors-Live or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; or (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting. Additionally, you may not submit any Postings that violate the TOU.
You acknowledge that Tutors-Live is not obligated to pre-screen content submitted by members, but that Tutors-Live shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via Tutors-Live by any user that violates the TOU or is otherwise objectionable.
Tutors-Live respects the intellectual property of others and asks you to do the same. Tutors-Live may, in appropriate circumstances and at its sole discretion, terminate your right to use any of the Services for any reason, including, but not limited to, if you are an infringer.
Modifications to the services
Tutors-Live reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Tutors-Live shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
Dealings with advertisers or third party vendors
Tutors-Live may include advertisements on the Services, which are necessary for Tutors-Live to provide the Services to its users free of charge or at a very low price. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Services, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that Tutors-Live shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Services.
We do not independently verify the accuracy or reliability of the services. Additionally, the services are provided on an "as is" and "as available" basis, without warranty of any kind. Tutors-live, and its third-party licensors, specifically disclaim all warranties, express or implied, including, but not limited to, warranties of merchantable, fitness for a particular purpose, and non-infringment.
Tutors-Live, its licensors and suppliers make no warranty that: (i) the services will meet your requirements, (ii) the provision of the services will be uninterrupted, secure or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, software, services, information, or other material purchased or obtained by you through the use of the services will meet your expectations, or (v) any errors in the services will be corrected. Neither we, nor our licensors or suppliers, guarantee the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy or suitability of any of the services. The services may be harmful, untimely, incomplete, or inaccurate and, accordingly, you agree to exercise caution, discretion and common sense when using the services.
You should not use the services for emergency purposes or to seek or provide diagnosis or treatment of medical, psychological or other problems or difficulties, or as a substitute for professional medical, psychological, tax, legal, investment, accounting, or other professional advice. The entire risk for use of the services is borne by you.
Limitations of liability
None of the licensors, contributors, sponsors, administrators, or anyone else connected with the services in any way whatsoever can be responsible for the appearance of any inaccurate information or for your use of the information contained in or linked from the services.
To the maximum extent permitted by applicable law, in no event will we, or our licensors and suppliers, be liable for any indirect, special, incidental, consequential or punitive damages arising out of the use of or inability to access the services, including, without limitation, damages for loss of goodwill, work disruptions, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. Neither we nor our licensors or suppliers are responsible for any liability arising out of the services and/or any material linked through the services. Under no circumstances will Tutors-Live', or Tutors-Live' licensors', direct liability arising out of use of the services exceed the greater of (i) the amount you have paid Tutors-Live for such use or (ii) $10.00.
You agree to indemnify and hold Tutors-Live, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys' fees and costs of litigation, arising from (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through the Services, (ii) your use of or reliance on the Services, (iii) your connection to the Services, (iv) your violation of the TOU, or (v) your violation of any rights of another party.
The Tutors-Live and other Services names, trademarks and logos are trademarks of Tutors-Live or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of Tutors-Live. The trademarks, logos, and service marks not owned on behalf of Tutors-Live and that are displayed on the Services are the registered or unregistered marks of their respective owners. No rights are granted by Tutors-Live to use such marks, whether by implication, estoppel, or otherwise.
Choice of law and forum
The TOU and the relationship between you and Tutors-Live shall be governed by the laws of the Republic of Italy without regard to its conflict of law provisions. You and Tutors-Live agree to submit to the personal and exclusive jurisdiction and forum convenience of the Italian courts located in Rome, Italy.
Severability, English language
If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect.
The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.