Terms and Conditions
Last Updated: 3 February 2021
- Welcome to the 100mentors website (“Website”), mobile application (“Mobile App”), and web application (‘’Web App’’), (together, the “Platform”). 100mentors Single Member PC (“100mentors”, “we”, “us”, “our”) provides its services to you through its Platform. The following Terms and Conditions (the “Terms”) together with our Privacy and Cookie Policies govern your use of the Platform, the 100mentors Technology and the services provided (the “Services”). 100mentors Technology means all past, present, and future content of the Services, including all the software, hardware, and technology used to provide the Services, user interfaces, materials displayed or performed on the Services, such as text, graphics, articles, photographs, images, audio, video, illustrations and design, structure, sequence of the Services, and all other intellectual property, including all 100mentors Trademarks. By accessing the Platform and/or registering for an account on the Platform and/or by using the Services, you acknowledge that you have read and agree to be bound by these Terms which constitute a binding agreement between you and 100mentors (the ‘’Agreement’’). Notwithstanding, you agree and understand that your use of the Services confers a benefit on you that cannot be returned, and this Agreement is and will be binding on you regardless of your age, and regardless of whether a parent or guardian has read and agreed to the terms on your behalf.
Please read these Terms carefully. If you do NOT accept and agree with these Terms together with our Privacy and Cookie Policies, you have no right to use the Platform or the Services and must cease use immediately. Use of company's services is expressly conditioned upon your assent to all the terms of this Agreement, to the exclusion of all other terms.
- Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms.
Use and Access to the Services
- As long as you are complying with all of the Terms, 100mentors gives you a non-transferable, non-exclusive, non-sublicensable revocable, limited license to use and access, solely for your own personal, noncommercial use the Services that you select through the applicable registration process and the 100mentors Technology. You may download a single copy of the 100mentors App for personal, non-commercial use only. Access to and use of the Services and 100mentors Technology itself is free for the basic features, but we offer optional Premium Features that you may become charged for. For inquiries about the Premium Features of the Platform, please contact our sales department at [email protected] in order to receive more info and customized pricing and service plan. Please also be aware that while we currently provide our mobile services for free, your carrier’s normal rates and fees still apply, such as text messaging and data fees.
- 100mentors may change, suspend or discontinue all or any part of the Services at any time. 100mentors also may impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You are responsible for reviewing and ensuring that you are familiar with the Agreement and the modifications that we may make. You agree that 100mentors will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You can stop using our Services at any time.
- By using the Services and 100mentors Technology, no right, title or interest shall be transferred to you. You agree not to use the Services for public performances. For a variety of reasons (for example if you do not comply with this Agreement or if we are investigating suspected misconduct), and in particular, to protect the integrity of our Services and the personal data of our Users, we reserve the right in our sole discretion to: (a) remove any content that you upload to the Services at any time for any reason, and (b) suspend or terminate any account and/or refuse any current or future use of the Services (or any portion thereof) at any time for any reason. We will not be liable to you or any third party for taking either of these actions
- To protect the distribution of the Services and 100mentors Technology, we must outline certain limitations on the licensed rights we grant to you. You shall not: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services and 100mentors Technology; (c) access the Services and 100mentors Technology in order to build a similar or competitive website, app, product, project or service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any part of the Service in any form or by any means or any content displayed on the Services; (e) upload, transmit, or distribute to or through the Services and 100mentors Technology any computer viruses, worms, or any software intended to damage or alter a computer system or data; (f) use the Services and 100mentors Technology to harvest, collect, gather or assemble information or data regarding other users, including email addresses, photos, videos without their consent; (g) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or 100mentors Technology, or violate the regulations, policies or procedures of such networks; (h) attempt to gain unauthorized access to the Services and 100mentors Technology (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; or (i) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services . All copyright and other proprietary notices on the Services and 100mentors Technology(or on any content displayed on the Services) must be retained.
In order to use and have access to the Services, you represent and warrant to 100mentors that:
- you are of legal age to form a binding contract and accept the Terms (or, if you are a minor, you have your parent's or legal guardian’s permission to use the Services, and that your parent or legal guardian has read and agrees to this Agreement on your behalf);
- all registration information you submit is accurate and truthful and not misleading and that you keep this information up to date; when you choose a username you may not (a) select or use a name of another person with the intent to impersonate that person; or (b) user as a username a name subject to any rights of a person other that you without appropriate authorization . We have the right to refuse registration or cancel registration or cancel a username in our discretion.
- if you are accepting this Agreement on behalf of an institution, company or other legal entity, you have the authority to bind that institution, company or legal entity to this Agreement. If you are accepting this Agreement on behalf of an institution, company or legal entity: (a) “you” includes you and that legal entity, and (b) to the extent that your legal entity has a separate written agreement with Company, that agreement will define the order of precedence between this Agreement and that separate agreement with respect to such entity. It is your own liability to be aware of this separate agreement under the force of which you have the authority to access the Platform and use the Services on behalf of that institution, company or legal entity. When you register to the Platform on behalf of that entity under this agreement, you consent that you’ve been made aware of this agreement and in particular your rights and obligations including upon your personal data, rising from this agreement.
- To protect your account, keep your account details and password confidential, as you are responsible for activities that occur under your account. You may never use another user's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to immediately notify 100mentors of any unauthorized use of your password or account or any other breach of security. 100mentors will not be liable for any loss or damage arising from your failure to comply with this Section.
Persons who are under the age 16 are prohibited from using the Services by registering without verifiable consent by the holder of parental responsibility over them. By registering, you promise that you are either (a) over the age of 16 or (b) you have your parent or legal guardian’s consent. If you are under 13 years of age, you are not authorized to register on your own to the Services. In particular, you represent, warrant, covenant, and agree that you will access or use the Service, complying with the below additional terms:
- Students under 13 years old : You can only use the Services i) after taking access to the Services by a teacher or school or an “educator” (as defined below) who is authorized to give you access to the Services and has obtained the prior verifiable consent by your parent or legal guardian consent and ii) via your parent or legal guardian who will register to the Platform after taking access to the Services by a teacher or school or an “educator” who is authorized to give you access to the Services and has previously confirmed that he is the parent or the legal guardian of the Student.
- Students between 13 and under 16 years old : You may create an account on your own after receiving an invitation or giving access to the Services by a teacher or school (educator) or 100mentors who is authorized to give you access to the Services and has obtained the prior verifiable consent by your parent or legal guardian consent (for example giving you a unique student verification code or a link via email to allow you to set up your own account). We request the minimal personal information to be provided from students to register to the Services (email address/name, password, the unique code from the educator or 100mentors or the link via email). Please do not provide any personal information about yourself to us, other than what we request from you when you use the Service
- Students over the age of 16 years old: You are able to create an account giving your own consent.
- You further agree that 100mentors and your educators or authorized mentors or students using the Service may send you messages, alerts, and other communications (e.g. chat in live sessions) through the Service, including via email, web alert, text messages, and other similar means, in accordance with the use and the access of the Services, and you agree to accept such messages.
Consent: In relation to the offer of online services directly to a child, GDPR indicates that the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years old, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child and can be verified with the available technology. Consent may be obtained by 100mentors:
- From the educator (Educator Consent). We require that the educator has obtained, directly from the parents, prior parental consent for their child to use 100mentors for education purposes at the school or may choose to act as the agent of the parent and consent on their behalf, if he gives access and allows students under the age of 13 to use some Services after taking access to the Services through educators account (such as student questions) or if he gives access to the parent or legal guardian of a student under the age of 13 by sending them an invitation code or email to register to the Platform in order to use the Services; or if he invites the students between the age of 13-16 to set up their account by sending them an invitation code; or additionally
- Directly from the parent (Parent Consent). We may obtain parental consent directly from a student’s parent if a student between the ages of 13-16 creates his or her own account, after the student has received the unique verification code or we may confirm directly from the parent its consent if this parent has registered to the Platform in order to give access to his child under the age of the 13.
For Educators: if you are a teacher, aide, or other personnel accessing the Service, on behalf of a school, school district, or similar educational institution or any other organisation or entity (the "Institution"), the following additional terms apply to you:
- You represent and warrant that you are acting on behalf of (or have permission from) your Institution to enter into this Agreement as an Educator and to use the Service as part of your curriculum.
- You further understand and acknowledge that GDPR prohibits online service providers from knowingly collecting personally identifiable information from children under 16 years of age without Consent and you accordingly agree that children under the age of 16 may not use the Service in any way through your account or after receiving an invitation from you to set up their own account (regarding Students between age 13-16), unless you have obtained verifiable parental consent from the child’s parent or legal guardian. Accordingly for Students under the age of 13, you agree that you have obtained verifiable parental consent from the child’s parent or legal guardian before inviting this parent or legal guardian to register to the Platform on behalf of its child. You are obliged to provide us with the Educator Consent that you have obtained from the student parent, if we want to certify your obligation.You further understand and acknowledge that you cannot send a verification code to a Student under 13 years old - but only to its parent or legal guardian - and if you send a verification code to a Student between age 13-16, you represent and warrant that you have obtained the prior Educator Consent.
- Only teachers or/and staff members who are current employees of the Institution and are registered on 100mentors may use the Service on the Institution’s behalf. If at any time you learn a user of the Service claims to be affiliated with your Institution or you who is not, in fact, affiliated with your Institution or you, you will notify 100mentors immediately
- Educators must provide parents with information on 100mentors, its Services and our terms on privacy and security matters.This information will help parents and schools make informed choices about the technology their students use and their consent to use the Platform and its Services.
- You further agree that 100mentors and/or mentors or Students using the Service may send you messages, alerts, and other communications (chat messages in live sessions) through the Service, including via email, web alert, text messages, and other similar means (chat in live sessions), in accordance with the use of Services, and you agree to accept such messages.
For Mentors : If you are a Mentor registered user of the Services then you also agree to the following additional terms:
- You or you represent an organization or institution or entity that has a legitimate interest to provide guidance, support, and encouragement aimed at developing the competence and character of children.
- You have not committed any crime against a minor, including child abuse, sexual acts, and pornography.
- You will not use the Services to harm minors or any other Users in any way.
- You understand that 100mentors does not guarantee that you will serve as a mentor during the use of Services. You may be paired with other user(s) of the Service ( for example Students) who have consented to receive advice from you and who you may consider as your “mentee”.
- You understand that 100mentors makes no representations or warranties as to the conduct of Students.
- It is your sole responsibility to inquire into the nature of any Topic in terms of Student’s question and mentoring answer and to take reasonable precautions in all interactions with Students, you meet through the mentoring process.
- You will act in the furtherance of the objectives of the Services to which you are registered, and you will not partake in any activities that are of detriment to the Services, to its objectives and the Students.
- Nothing should be deemed to create any employment, contractor, agent or other affiliate relationship between you and 100mentors. You are not allowed to make any representation or statement on behalf of, or in any manner that may be interpreted as being made on behalf of 100mentors without our prior consent. During the course of using the Service as a mentor, you may voluntarily provide advice or information to your mentees, in your own, individual capacity. Any such advice or information is provided on your own behalf, and does not represent any advice or view of 100mentors.
- When interacting with your mentees through the Service, whether online or offline, you agree to comply with all guidelines and requirements provided by 100mentors to you. You will not present any false, misleading or inappropriate information and will not engage in any illegal or inappropriate behaviors. You are not allowed to charge any fees to your mentees or ask for any monetary compensation for providing any information, advice or mentorship to your mentees.
- As a mentor, your content (video answer, participation in live sessions) or your profile may be reviewed, liked or upvoted by another User (e.g. Educator or Students may review a Mentor after a live session). The User’s review along with the User’s name may be displayed on the platform and be publicly viewable by others depending on where it is posted (e.g. Students or Educators reviews about Mentors are posted on Mentor’s profile and may be publicly available if the profile of the Mentor is public).
- As a mentor, you may choose on your own if your profile would be available to the general public or be private through our Services. If a Student or an Educator reviews a Mentor, his review in Mentor’s profile along with his username may be publicly available if Mentor’s profile is publicly available.
- As a mentor, you may be provided with information (including personally identifiable information) about your mentees (Students) or other users of the Services, either by 100mentors and our Services or directly by those individuals. You agree that any information or personal data provided to you is confidential in nature. You agree to protect and maintain the confidentiality of such information, to use such information only for the purposes of using the Service as a mentor in the Platform, and not to disclose any such information to any third party. You will respect the privacy and the personal data of the individuals with whom you interact and will not share with any third parties their information or stories or personal data without first obtaining express consent from 100mentors. It is clarified that as a Mentor you may share your answer on the Platform (not including any other User’s data) solely to your social media accounts using the relevant feature of the Platform. No other disclosure is permitted.
- Fees: To the extent the Services or any portion thereof is made available for any fee (e.g. access to Premium Features ), you will be required to select a payment plan and provide 100mentors information regarding your credit card or other payment instrument. You represent and warrant to 100mentors that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay 100mentors the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize 100mentors to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let 100mentors know within thirty (30) days after the date that 100mentors charges you. We reserve the right to change the 100mentors Pricing. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
- During the registration and use of the Services, the users may have the permission from certain features of the Service to post content, including messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service or otherwise share User Content with other users.
In order to allow 100mentors to provide the Services, you hereby grant to us and our successors an unlimited, non-exclusive, worldwide, royalty-free, and transferable right and license to:
- use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), reproduce, modify, and create derivative works (such as changes we make so that your content works better with our Service), in whole or in part, the User Content (including all related intellectual property rights) in order to do so as may be reasonably necessary to provide, improve and make the Services available to you and other Users including through any future media in which the Service may be distributed or in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by 100mentors may be without any compensation paid to you.
- use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our service or in marketing and business development purposes).
- in case you are a Mentor, use the Mentor’s Content including the voice, image, name to provide marketing material for 100mentors marketing promotional campaigns either to our social media platforms or other media channels;
- in case you access, register and use the Platform and its Services under a separate contract agreement between 100mentors and an institution (educational or not) and/or a company and/or a business unit and/or other legal entity (herein Contractual Party), we may share some of your data and your own User Content with the Contractual Party who gave you the right to access, register and use the Platform. Upon your registration to the Platform under the force of such an agreement, you consent our right to share them with the Contractual Party.
- use, modify, prepare derivative works, publish, distribute and sublicense Feedback without any compensation to you;
- use any User Content (including any Student Data or Mentor Data ) that has been de-identified for any product development, research or other lawful purpose subject to the GDPR; and
- You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under this Agreement.
- Furthermore, you understand that 100mentors retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Content submitted by you.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that 100mentors will not be liable for any errors or omissions in any content. By posting and publishing User Content, you affirm, represent, and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize 100mentors and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 4 and in the manner contemplated by 100mentors and these Terms;
- Your User Content, and the use of User Content as contemplated by the Terms, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, or libel any third-party ; or (c) contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (d) violates any law, statute, ordinance or regulation or which would render 100mentors in violation of any applicable laws or regulations, including without limitation GDPR or (e) be unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (f) in the sole judgment of 100mentors, is objectionable or which could disable, overburden, or impair the proper working or appearance of the Services or restricts or inhibits or prevent other Users from using or enjoying the Services, such as a denial of service attack or interference with page rendering or other Service functionality or which may expose 100mentors or its users to any harm or liability of any type; or (g) harvest or collect email addresses or login information or other contact and data information of other users from the Services by electronic or other means for any purpose without the prior consent of 100mentors ( e.g. for the purposes of sending unsolicited emails or other unsolicited communications); or (h) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized or posting unauthorized commercial communications (such as spam, promotional emails, or advertisements) on or through the Service.; or (i) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services; or (k) bully, intimidate, or harass any User or use the Services in any manner that is threatening, abusive, violent, or harmful to any person or entity, or invasive of another’s privacy; (l) use the Services in any way to upload, post, transmit, email or otherwise distribute content that: is hate speech, discriminating, defamatory, threatening, pornographic or obscene; incites violence; contains nudity or graphic or gratuitous violence; or is otherwise objectionable as reasonably determined by 100mentors; or (m) employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Service;or (n) use the Services in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Content, that violate child pornography laws or that otherwise violates any child sexual exploitation laws; (o) facilitate or encourage any violations of this Agreement or our policies, including, without, limitation, to facilitate the unlawful distribution of copyrighted content. Any violation of the above may be grounds for termination of your right to access or use the Service.
- You agree to accept responsibility for all activities that occur under your account.
- You acknowledge that 100mentors may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other User content will be retained by the Services and the maximum storage space that will be allotted on 100mentors’ servers on your behalf. You agree that 100mentors has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services.
- You acknowledge that 100mentors cannot guarantee the identity of any other user with whom you may interact in the course of using the Services. Additionally, 100mentors cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. 100mentors reserves, however, at any time, in our sole judgment and without prior notice and for any reason, including without limitation in connection with violation of these Terms, the right to investigate and take appropriate legal action against anyone who, violates this provision, including without limitation, editing, blocking or removing any User content from the Services, suspending or terminating the account and reporting you to the law enforcement authorities if such User Content is unlawful or infringe third party intellectual property rights. 100mentors does not guarantee that it will publish any of your User Content. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 100mentors with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.
Social Networking Services
- 100mentors may, now or in the future, permit you to register for an account with or log in to the Service via certain third party social networking services, such as Facebook, Google, LinkedIn and/or other Auth0 providers (individually, a “ Social Networking Service’’). By registering for or logging in to the Service with Social Networking Service, you agree that 100mentors may access and use any account information from the Social Networking Services that you have configured to be made available to third parties in this manner, and you agree to the terms of service of the Social Networking Service regarding your use of the Services via the Social Networking Service. However, please remember that the manner in which Social Networking Service use, store and disclose your information is governed solely by the policies of such third parties, and 100mentors shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services. In addition, 100mentors is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements, technology made available in connection with Social Networking Service. As such, 100mentors is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance on any such Social Networking Service. 100mentors enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Third Parties Websites
- 100mentors HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. ALL USERS, INCLUDING ALL REGISTERED STUDENTS, EDUCATORS, PARENTS AND MENTORS, USE THE SERVICE AT THEIR SOLE DISCRETION AND THEIR SOLE RISK. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES (ANY ASSOCIATED PRODUCTS, PREMIUM FEATURES, CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER CONTENT, 100mentors TECHNOLOGY OR SOFTWARE AND ANY OTHER CONTENT) ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. 100mentors (AND ITS PARENTS, SUCCESSORS, AFFILIATES, SUBSIDIARIES, CONTRACTORS,SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS ) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. 100mentors DO NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) ANY OF THE FOREGOING WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANYONE FROM 100mentors OR THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. 100mentors DO NOT GUARANTEE IN ANY USER THAT THE SERVICES OR THE MATERIALS OR THE RESULT OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY ADVICE/ΑNSWER PROVIDED BY THE MENTORS IS INDEPENDENT OF 100mentors AND 100mentors DOES NOT TAKE ANY RESPONSIBILITY FOR ANY ADVICE/ANSWER RENDERED TO YOU OR FOR ANY COMMUNICATION BETWEEN USERS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AND REGISTRATION, USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.
Limitation of Liability
- IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL 100mentors (AND ITS PARENTS, SUCCESSORS, AFFILIATES, SUBSIDIARIES, CONTRACTORS,SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES)- EVEN IF 100mentors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES- ARISING OUT OF OR RELATING TO (A) YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (E) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF 100mentors TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, IS LIMITED TO THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID (IF YOU HAVE PAID) TO 100mentors TO REGISTER AND USE THE SERVICES IN THE 6 MONTHS PRIOR TO THE CLAIM; OR (B) $50. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS CLAUSE 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- You will indemnify and hold 100mentors, its parents, successors, subsidiaries, affiliates, officers, directors, licensors and employees harmless and defend them from and against, without limitation, all damages, losses, demands, liabilities, settlements, judgments, any costs and expenses (including reasonable attorneys' fees), from any claim or demand made by any third party due to or arising out of (i) your access to, use, or misuse of the Services or Premium Features, (ii) your breach of alleged breach of this Agreement, (iii) your failure to comply with applicable Laws (including any failure to obtain or provide any necessary consent), (iv) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (v) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. 100mentors reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of 100mentors. 100mentors will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Intellectual Property Rights
- You acknowledge and agree that the 100mentors Technology and Platform as defined herein contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by 100mentors, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, download or create derivative works based on the Service, Platform, other User Content or the 100mentors Technology, in whole or in part, except that the foregoing does not apply to your own User Content (as defined above) that you legally upload to the Service and which (your User Content) cannot be downloaded or used in any away out of the Platform without the consent of the 100mentors. The technology and software included in 100mentors Technology which underlying the Service and or distributed in connection therewith are the property of 100mentors, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the 100mentors Technology and software. Any rights not expressly granted herein are reserved by 100mentors. The 100mentors name and logos are trademarks and service marks of 100mentors (collectively the “Trademarks”) and are included in 100mentors Technology. Other 100mentors, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to 100mentors. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Trademarks displayed on the 100mentors Technology and Services, without our prior written permission in each instance. All goodwill generated from the use of Trademarks will insure to our exclusive benefit.
- 100mentors respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify 100mentors of your infringement claim by mail at [email protected] To be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services; 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 or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- This Agreement shall remain in full force and effect while you access and use the Service unless your account is terminated as provided in this Agreement (“Term”). You may ask to terminate your use of the Service or your account at any time by contacting us at [email protected] or according to the 100mentors Platform procedures. Parents can also terminate their under age 16 child’s- student’s account the same way, although we will need to verify their identity. Parents of students whose accounts were created (or directed to be used) by their child’s educator will first need to contact their child’s educator to request termination. When deleting a 100mentors account, your username, email address, password, profile photos, videos and any other information you provided to 100mentors will be deleted. Note, however, some content within a user account may be kept after deletion of the account under certain circumstances (e.g. if there are legal compliance reasons). You agree that 100mentors, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and Platform and remove and discard any content within the Services for any reason and at any time (e.g. for legal compliance reasons, including, without limitation, if 100mentors believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service) with or without notice. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. 100mentors may terminate your account if your access or subscription in the Platform is valid under a separate agreement and this agreement has been terminated howsoever or if your access or subscription is valid under a paid programme which has expired. Upon the howsoever termination of your account, your right to use the Services, access the Website, and any User Content will immediately cease. 100mentors may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that 100mentors may immediately deactivate or delete your account and/or all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 100mentors will not be liable to you or any third party for any termination or suspension of your access to the Services for any damages or claims resulting from or in connection with such actions. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
- We will neither be responsible for nor a party to any dispute or claim between users of the Website or Services. We may attempt to help and solve a dispute, but it is not our responsibility to do so or for any legal consequences of such disputes. If while offering/receiving 100mentors services you feel uncomfortable or the other side engages in inappropriate behaviour, please contact us and we will decide together whether we need to activate the appropriate authorities as well. Please note that your report to 100mentors does not guarantee any reaction from us outside of what is required by law. If a dispute between you and us arises, we both agree to make all reasonable and diligent efforts to resolve any controversy, dispute or disagreement by resorting to negotiation in a spirit of good cooperation within a reasonable time period. This Agreement and its Terms are governed by the Greek Law and to the extent that the dispute has not been resolved in good cooperation, any lawsuit or court proceeding is permitted under the Terms, you and 100mentors agree and irrevocably submit to the exclusive jurisdiction of the Greek courts and in particular the Courts of Athens and waive any objection to proceedings in such courts.
- The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. 100mentors shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond 100mentors’ reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with 100mentors prior written consent. 100mentors may transfer, assign or delegate this Agreement and its rights and obligations without restriction and consent. Unless and solely to the extent that you or your Institution have a separate written agreement with 100mentors that governs your use of the Services (in which case such agreement will control), we both agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that the Agreement may not be modified, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind 100mentors in any respect whatsoever.