This Contract applies to Include-IT Gmbh/TradersYard.com, Include-IT Gmbh/TradersYard-branded apps, Include-IT Gmbh/TradersYard Learning and other Include-IT Gmbh/TradersYard-related sites, apps, communications, information and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for such Services, like as our ads and the “Apply with Include-IT Gmbh/TradersYard” and “Share with Include-IT Gmbh/TradersYard” plugins.
You are entering into this Contract with Include-IT Gmbh/TradersYard (sometimes referred to as “we” and “us”). You are entering into this Contract with Include-IT Gmbh, 1140 Vienna, Austria.
1.2 Members and Visitors
This Contract applies to registered users of our Services (Members) and unregistered users (Visitors).
2.1 Service Eligibility
To use the Services, you agree that:
you must be 16 years or older;
you will only have one Include-IT Gmbh/TradersYard account, which must be in your real name;
you are not already restricted by Include-IT Gmbh/TradersYard from using the Services.
However, if law of your home country requires that you must be older than 16 in order for Include-IT Gmbh/TradersYard to lawfully provide the Services to you without parental consent then the Minimum Age is such older age.
2.2 Your UserProfile and Account
You’ll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to:
try to choose a strong and secure password;
keep your password secure and confidential;
not transfer any part of your account (e.g., connections)
follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.
TradersYard contains of 2 levels
TradersYard-Web: which is the functionality you can mainly find in the Web-Environment.
TradersYard+: Is the Part where you get access to the conferencing Environment (TY+ Groups, Webinars, VoIP-Calls)
Your TradersYard-Web account will offer you most of the services for free. For TradersYard+ there are chargeable services. In the integrated shop you can order your chargeable services. As long as you don’t subscribe for chargeable services, you only have access to the free features of TradersYard-Web.
If the Services were purchased by another party for you to use (e.g. Seat bought by your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service, but they do not have rights to your personal account.
2.3 Purchasing / Payments
You are okay with us storing your payment information. You agree that there may be fees and taxes that are added to our prices in the E-commerce store.
Refunds are handled according to EU-Rules and laws (14 days after the first payment)
If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services.
You also agree that:
Your purchase may be affected by forex exchange rates.
We may store and continue billing your payment method (credit card, PayPal, ….) even after it has expired, to avoid interruptions in your Services.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. You are responsible to cancel or suspend your chargeable services.
Your purchases/subscription of Services are subject to Include-IT Gmbh/TradersYard’s refund policy.
We may calculate taxes or fees payable by you based on the billing information that you provide us at the time of purchase.
You can find copies of your invoices through your Include-IT Gmbh/TradersYard account/E-commerce shop settings under “Orders” or “Order History”.
2.4 Notices and Service Messages
You’re okay with us providing notices to you through our websites, apps, and contact information your provided to us.
You agree that we will provide notices to you in the following ways:
a notice within the Service, or
a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit the messages you receive from us.
When you share information, others can see, copy and use that information.
Our Services allow messaging and sharing of information in many ways, such as your profile, documents, slide deck, links to news articles, Chats, blogs, audio- video streams, and various other information. Content that you share, post or stream may be seen by other Members or Visitors.
There are settings available, where you can define who can see your content, profile or information e.g., message content to your addressees, sharing content only to Include-IT Gmbh/TradersYard connections, restricting your profile visibility from search engines.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
It is not allowed to post any sales offerings of any goods, software, services or similar - such posting will be removed immediately, without notification.
3. Rights and Limits
3.1. Your License to Include-IT Gmbh/TradersYard
All of the content, feedback, and personal information you provide to us is owned by you, but you grant us a non-exclusive license to it.
We’ll honor the choices you make about who gets to see your information and content
You promise to only provide information and content that you have the right to share, and that your Include-IT Gmbh/TradersYard profile will be truthful.
As between you and Include-IT Gmbh/TradersYard, you own the content and information that you submit or post to the Services and you are only granting Include-IT Gmbh/TradersYard and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.
These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except
to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and
for the reasonable time it takes to remove from backup and other systems.
We will not include your content in ads for services of other parties to others without your agreement.
Members and/or Visitors may access and share your content and information, consistent with your choices.
You may choose to make your content available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Include-IT Gmbh/TradersYard, you agree that Include-IT Gmbh/TradersYard can use and/or share such information without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your user profile information will be correct and truthful. Include-IT Gmbh/TradersYard is allowed to change or remove certain information in certain countries.
3.2 Service Availability
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. These changes may be effective upon notice provided to you.
We don’t promise to store any information that you’ve provided.
We store and safeguard the content and information you store in Include-IT Gmbh/TradersYard to the best of our abilities – but you accept, that this is not a storage service.
3.3 Other Content, Sites and Apps
Your use of others’ content and information posted on our Services, is at your own risk.
Others may offer their own products and services through Include-IT Gmbh/TradersYard, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content, information and functionality that might be misleading, incomplete, delayed, illegal, inaccurate otherwise harmful.
You agree that Include-IT Gmbh/TradersYard is not responsible for other Members’ content or information – we are not reviewing/controlling any information provided by any of the Members or Visitors. You agree that we are not responsible for any misuse of our services. Your organization may be mistakenly associated with content about others when we let connections and followers know you were mentioned in various contents. You may opt out of this feature.
We have the right to limit how you connect and interact on our Services.
Include-IT Gmbh/TradersYard reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Include-IT Gmbh/TradersYard reserves the right to restrict, suspend, or terminate your account if Include-IT Gmbh/TradersYard believes that you may be in breach of this Contract or law or are misusing the Services (e.g. violating any Do and Don’ts).
3.5 Intellectual Property Rights
We’re providing you notice about our intellectual property rights.
Include-IT Gmbh/TradersYard reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners. Include-IT Gmbh/TradersYard, SlideShare, and “in” logos and other Include-IT Gmbh/TradersYard trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Include-IT Gmbh/TradersYard.
4. Disclaimer and Limit of Liability
4.1 No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, INCLUDE-IT GMBH/TRADERSYARD AND ITS AFFILIATES AND THOSE THAT INCLUDE-IT GMBH/TRADERSYARD WORKS WITH TO PROVIDE THE SERVICES
DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS - E.G. WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA
DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT ERRORS
AND PROVIDE THE SERVICE, CONTENT AND INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS INCLUDE-IT GMBH/TRADERSYARD HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), INCLUDE-IT GMBH/TRADERSYARD AND ITS AFFILIATES (AND THOSE THAT INCLUDE-IT GMBH/TRADERSYARD WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF INCLUDE-IT GMBH/TRADERSYARD AND ITS AFFILIATES (AND THOSE THAT INCLUDE-IT GMBH/TRADERSYARD WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF
FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY,
OR US $500.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND INCLUDE-IT GMBH/TRADERSYARD AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF INCLUDE-IT GMBH/TRADERSYARD OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Contract anytime we want.
Both you and Include-IT Gmbh/TradersYard may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback;
Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.
You can visit our Help Center to close your account.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, we agree to resolve it in Austrian courts (using Austrian law).
7. General Terms
Here are some important details about how to read the Contract.
If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that Include-IT Gmbh/TradersYard has waived its right to enforce this Contract. You may not assign or transfer this Contract to anyone without our permission. You agree that Include-IT Gmbh/TradersYard may assign this Contract to its affiliates or a party that buys it without your agreement. There are no third party beneficiaries to this Contract.
We reserve the right to change the terms of this Contract in providing you a notice of the change. If you don't agree, you need to stop using the Services.
Possible legal notices need to be provided to:
Include Information Technologies Gmbh
8. Include-IT Gmbh/TradersYard “Dos” and “Don’ts”
8.1. Dos : You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile;
Use the Services in a professional manner.
8.2. Don’ts: You agree that you will not:
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content, or posting excessive amounts of uploads;
Create a false identity on Include-IT Gmbh/TradersYard;
Create a User profile for anyone other than yourself (a real person);
Create multiple organizations in Include-IT Gmbh/TradersYard for the sole purpose of evading the limit of free teams for one actual organization;
Invite people you do not know to Include-IT Gmbh/TradersYard;
Use or attempt to use another’s user profile;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Violate the intellectual property or other rights of TradersYard, including, without limitation, using the word “TradersYard” or our logos in any business name, email, or URL;
Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by TradersYard;
Post anything that contains software viruses, worms, or any other harmful code;
Creating or operate a pyramid scheme, fraud or other similar practice;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Copy or use the information, content or data on Include-IT Gmbh/TradersYard in connection with a competitive service (as determined by TradersYard);
Copy, modify or create derivative works of TradersYard, the Services or any related technology (except as expressly authorized by TradersYard);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by TradersYard without our express consent (e.g., representing yourself as an accredited TradersYard trainer);
Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Collect, use, copy, or transfer any information obtained from Include-IT Gmbh/TradersYard without the consent of TradersYard;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download information, send or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Access the Services except through the interfaces expressly provided by TradersYard;
Override any security feature of the Services; and/or
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.