Giga Omni Media, Inc. ("GigaOM") welcomes you to www.TechUniversity.com ("TechUniversity") (collectively, including all content and functionality available through the www.TechUniversity.com domain name, the "Website"). TechUniversity is a part of the GigaOM network, and as the term "TechUniversity" shall mean to include GigaOM.

By using or accessing the Website or any of the services provided through on the Website (collectively, the "Services"), you agree to be bound by the following Terms and Conditions (the "Terms"). These Terms govern only the content, features, and activities related to the Website and do not cover any other linked or referenced website associated with the Website, unless specifically stated. These terms and conditions constitute a legally binding agreement between you and TechUniversity. By using the Website, you understand, acknowledge and agree that you will abide by these Terms.

TechUniversity reserves the right to modify these Terms from time to time without notice, for any reason in TechUniversity’s sole discretion without notice. TechUniversity will post or display notices of material changes on the Website and/or may email you about these changes. These changes become effective immediately upon posting and if you use the Website after the changes become effective, it will signify your agreement to be bound by the changes. Please review these Terms from time to time so that you will be apprised of any changes.

Intellectual Property Rights.

The Website is proprietary to TechUniversity and is protected by intellectual property laws and international intellectual property treaties. The entire contents of the Website (the "Content") are copyrighted as a collective work under the laws of United States and other copyright laws. TechUniversity holds the copyright in the collective work. The collective work may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Website solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Website. You may not use any TechUniversity logo or any other proprietary graphic or trademark without TechUniversity's express written permission. As between the parties, title, ownership rights, and intellectual property rights in the Material (as defined below), and any copies or portions thereof, shall remain in TechUniversity and/or its content providers. Third-party trademarks, service marks and logos contained in the Website are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved.

Grant of Limited License.

Your access to the Website is licensed and not sold. Subject to your compliance with these Terms, TechUniversity agrees to provide you with a personal, revocable, non-transferable and non-exclusive account enabling you to access and use the Service and the Website. All TechUniversity content that is made available to view and/or download in connection with the Website is owned by and is the copyrighted work of TechUniversity and/or its suppliers and is licensed, not sold. You may not lend, lease, rent or sublicense the Website.

TU Account

In order to access some features of the Website, you will have to create an online account (the "TU Account"). You agree to: (a) maintain the security of your user identification, password and other confidential information relating to your TU Account; (b) be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) be responsible for all charges resulting from use of your TU Account, including unauthorized use prior to your notifying TechUniversity in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the terms and conditions set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Website.

You represent and warrant to TechUniversity that: (i) you are over the age of eighteen (18) and have the power, authority or consent to enter into and perform your obligations under this Agreement; (ii) all information provided by you to TechUniversity is truthful, accurate and complete; (iii) you are the authorized signatory of the credit or charge card provided to TechUniversity to pay the Fees; (iv) you shall comply with all terms and conditions of these Terms; (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number; and (vi) each time you upload a User Submission on Website or through the Service, you represent and warrant that you own or otherwise control the rights or have the necessary consents to upload or post such User Submissions and to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms.

By registering for an TU Account, you expressly agree (a) you shall not share your account information or allow access to your TU Account by any third party, and that your TU Account is personal to you; (b) you shall not share with any third party any information and content provided through the Services that is not made generally available by TechUniversity, and (c) you shall be financially responsible for your use of the Service and to comply with your responsibilities and obligations as stated in these Terms.

Fees; Payment Terms; Account Cancellation


TechUniversity charges a subscription fee ("Fees") for the use of certain of the Services. TechUniversity expressly reserves the right to change the Fees at any time, upon notice to you. By registering for a TU Account, you agree to pay TechUniversity the Fees for the Services applicable to the account level chosen. Unless otherwise stated, all fees are stated in U.S. Dollars. The Fees for the Services do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use the Services. All Fees, Taxes (as defined herein) and other charges will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay TechUniversity all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, "Taxes") for the use of the Services or resulting from these Terms, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

All Fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. TechUniversity reserves the right to deactivate your access to the Services for failure to pay applicable fees. If you provide us with a credit card that expires during the term of these Terms, we reserve the right to charge any renewal card issued to you as a replacement.  You agree to promptly pay TechUniversity in the event of any refusal of your credit card issuer to pay any amount to TechUniversity for any reason. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, TechUniversity may immediately suspend or terminate these Terms and your access to the Services.
 
Your subscription will renew automatically, unless TechUniversity terminates it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

The only accepted method for you to cancel your paid subscription to the Services is via the account settings available through your TU Account. An email or phone request to cancel your account is not considered cancellation.  You can cancel your TU Account at any time when you are logged into your TU Account by going to your account preferences and using the cancellation link.  If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

Restrictions.

You may not, directly or indirectly, (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of TechUniversity and the copyright owner; or (b) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any User Submissions (as defined below), in whole or in part; (c) remove any proprietary notices or labels on the Content or any User Submissions; (d) rearrange or modify the Content; or (e) create abstracts from, scrape or display our Content or User Submission for use on another web site or service.

You are responsible for your communications and your use of the Website. You may not, under any circumstances, do any of the following: (a) post or transmit any message which is libelous or defamatory; (b) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (c) use the Website to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the Website; (g) falsify the source or origin of software or other material contained in a file that you upload to a BBS or the Website; (h) falsely purport to be an employee or agent of TechUniversity; (i) act, or fail to act, in your use of the Website, in a manner that is contrary to applicable law or regulation; (j) distribute in any medium any part of the Website, including, but not limited to, any User Submissions (as defined below), without TechUniversity’s prior written consent; (j) circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein; (k) use the Website, any Content or any User Submissions for any commercial use, without the prior written authorization of TechUniversity; (l) alter or modify any part of the Website; or (n) engage in any other activity deemed by the TechUniversity to be in conflict with the spirit or intent of these Terms.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the TechUniversity servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TechUniversity grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TechUniversity reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

It is not the intent of TechUniversity to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in Website, nonetheless, TechUniversity reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

User Submissions - Blogs and Community Forums

Although some of the individuals posting to the Website, including the columnists and moderators, work for TechUniversity, any opinions expressed are the personal opinions of the original authors, not of TechUniversity. The content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by TechUniversity or any other party. TechUniversity does not assume any responsibility or liability for any blogs, opinions or other commentary posted on the Website or any website linked to the Website and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the content.

TechUniversity does not claim ownership of any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to public areas of the Website (such as bulletin boards ("BBSs"), forums and chat rooms), video content and textual content (collectively, the "User Submissions").

By posting, uploading, submitting, or inputting any User Submissions to the Website or through the Service, alone or as part of other works, you agree to grant to TechUniversity a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such User Submissions (including without limitation, ideas contained therein for new or improved products or services) in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses; and to publish your name in connection with your User Submission. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms.

With respect to any User Submissions consisting of video files, the above licenses granted by you shall terminate within a commercially reasonable time after you remove or delete of such video files from the Service. You understand and agree, however, that TechUniversity may retain server copies of User Submissions that have been removed or deleted. The above licenses granted by you with respect to any other types of User Submissions are perpetual and irrevocable. You hereby waive your moral rights in any such User Submissions, and you hereby warrant that any such User Submissions are original with you, or that you have the right to submit such User Submissions. You agree that you shall have no recourse against TechUniversity for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that (a) no compensation will be paid with respect to the use of your User Submissions, as provided herein; (b) TechUniversity is under no obligation to post or use any User Submission you may provide; and (c) TechUniversity may remove any Submission at any time in its sole discretion.

Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by TechUniversity. TechUniversity cannot and does not screen content provided by you to the Website or through its service. Notwithstanding the foregoing, TechUniversity reserves the right to remove any content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if TechUniversity is concerned that you may have breached the immediately preceding sentence), or for no reason at all.

The Website is available to the public. No information you consider confidential should be posted to these websites. If you submit content, you agree that TechUniversity may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you. TechUniversity may modify, display, delete, transmit or distribute content posted on the Website in its sole discretion and without your permission. However, TechUniversity shall not be responsible for controlling or editing any content, nor can TechUniversity ensure prompt removal of inappropriate or unlawful content.

Links to Third Party Web Sites

The Website may contain links to third party websites. Access to any other Internet website linked to the Website is at your own risk and TechUniversity is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these websites. A Theses links may also lead unintentionally to sites containing information that some people may find inappropriate or offensive. These links are not under the control of TechUniversity and as such, TechUniversity is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website. TechUniversity provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation. TechUniversity is not responsible for any form of transmission received from any link, nor is TechUniversity responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with these links.

Disclaimer of Third Party Information

TechUniversity does not and cannot review all communications and materials posted or uploaded to the Website and is not responsible for the content of these communications and materials. However, TechUniversity reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to TechUniversity.

You understand that when using the Website, you will be exposed to User Submissions and third party content from a variety of sources, and that TechUniversity is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or third party content. You further understand and acknowledge that you may be exposed to User Submissions and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TechUniversity with respect thereto.

Statements made in websites, newsgroups, message boards, email, forums, conferences, chats and/or User Submissions reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the Website are not authorized TechUniversity spokespersons, and their views do not necessarily reflect those of TechUniversity, and TechUniversity does not endorse any User Submission or any opinion, recommendation, or advice expressed therein.

Operation

TechUniversity reserves complete and sole discretion with respect to the operation of Website. TechUniversity may, among other things: (a) make available to third parties information relating to the Website and its users; and (b) withdraw, suspend or discontinue any functionality or feature of the Website. TechUniversity may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, chats and User Submissions and authorize restrictions on access thereto.

You acknowledge and agree that from time to time the Website and/or its services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which TechUniversity may undertake from time to time; or (iii) causes beyond the control of TechUniversity or which are not reasonably foreseeable by TechUniversity.

General Disclaimer

THE WEBSITE IS PROVIDED BY TechUniversity ON AN "AS IS" BASIS. NEITHER TechUniversity NOR GIGAOM MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TechUniversity AND GIGAOM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. TechUniversity AND GIGAOM CANNOT AND DO NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. TechUniversity AND GIGAOM CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. TechUniversity AND GIGAOM DO NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. TechUniversity MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.

Although TechUniversity has attempted to provide accurate information on the Website, TechUniversity assumes no responsibility for the accuracy or completeness of the information.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TechUniversity AND GIGAOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

Waiver and Release

YOU AGREE THAT TechUniversity, GIGAOM, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL NOT HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER TechUniversity NOR GIGAOM SHALL BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST TechUniversity, GIGAOM, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF TechUniversity, GIGAOM, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICE, OR THE CONTENT.

Liability Limitation

NOTWITHSTANDING THE FOREGOING PARAGRAPH NEITHER TechUniversity NOR GIGAOM WILL BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF TechUniversity AND/OR GIGAOM MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Website is controlled and offered by TechUniversity from its facilities in the United States of America. TechUniversity makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Copyright or Intellectual Property Infringement Notification.

TechUniversity respects the intellectual property rights of others. If you believe that there may be an instance of copyright infringement on the Website, please review our Copyright or Intellectual Property Infringement Notification Policy, currently accessible at techuniversity.com/copyright.

Miscellaneous

TechUniversity may terminate or suspend access to the Website immediately, without prior notice or liability, if you breach any of these Terms or for any other reason. 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. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you except with TechUniversity’s prior written consent. These Terms shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms, along with TechUniversity’s Privacy Policy, Copyright or Intellectual Property Infringement Notification Policy and any other legal notices published by TechUniversity on the Website, are the complete and exclusive statements of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TechUniversity in any respect whatsoever.

You agree that any legal action or proceeding between TechUniversity and you for any purpose concerning these Terms, and any other related agreements with TechUniversity, or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States. Any cause of action or claim you may have with respect to TechUniversity must be commenced within one (1) year after the claim or cause of action arises. If any action in law or in equity is necessary to enforce the terms of these Terms, and/or TechUniversity’s Privacy Policy or Copyright or Intellectual Property Infringement Notification Policy, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

Notice

TechUniversity may deliver notice to you under this Agreement by means of electronic mail, a general notice on Website, or by written communication delivered by first class U.S. mail to your address on record in your TechUniversity Account. You may give notice to TechUniversity at any time via electronic mail to Website to the following address:

ATTN: Member Services

info@techuniversity.com

Other Policies

For information regarding TechUniversity’s treatment of personally identifiable information, please review TechUniversity's current privacy policy at techuniversity.com/privacy. If you believe that material or content residing on or accessible through the Website infringes a copyright, please review TechUniversity’s Copyright Dispute Policy at techuniversity.com/copyright.