Terms of Use
Hello! We are excited to have you join the Peertopia (PT)’s group as a user or purchaser and as a seller of electronic educational content. These Terms of Use will guide you during your use of our website and give you insight into our policies and help you navigate possible issue you might encounter or question while using our services. It protects us from liabilities and provides remedies for you in cases of alleged breach of your digital and legal rights.
In A Nutshell It Says:
- You can only use our website if you have the legal capacity to do so.
- Our intellectual property rights including our trade name, trademark, service mark, logo, design both registered and unregistered cannot be reproduced, modified, or copied on a commercial scale, or distributed or sold by you.
- How to become a member of the PT group and types of membership with its benefits.
- To enjoy certain features and speciality as a seller, whether you have a free or premium grade membership.
- There are certain acts, omissions and conduct, which we are not liable for and we make no representation on certain affairs.
- Your income earned on the site and methods of disbursements to you.
- Other necessary legal terms to ensure that we all understand each other.
- Finally, how you can contact us if you are confused or need more insight on the legal terms outlined in this Terms of Use agreement.
These Terms of Use govern our relationship with you while on the PT site and is legally binding. However, if you do not like these Terms and consequently, do not agree with them you should not use our services, access or visit our site. If you have commenced use of the site and at some point, disagree with this Terms of Use, you should immediately terminate your subscription to our services and exit our website.
You are highly encouraged to read these Terms of Use carefully along with our other policies: Privacy Policy, Trademark and Copyright Policy, Cookie Policy, Licensing Policy and where applicable User Agreement.
Legal Capacity
By using the services on this website and by agreeing to these Terms of Use you represent that:
- You are at least 18 years of age
- Have the legal capacity to be bound by these Terms
- You are not intoxicated
- You are mentally competent to accept the Terms of Use & other Policies outlined here within
If you do use our website and subscribe to our services without having the legal capacity to do so, the contract shall be null and void and shall have no binding effect on PT. Upon discovery of your incapacity to be bound by this Terms, PT shall have the unfettered right to close your account and terminate the services it provides to you. To safeguard and discourage unauthorized usage of its services, PT shall from time to time and at specific points request for a valid means of identification in addition to other documentation that can prove your legal capacity to enter into a contract.
Intellectual Property Rights
Our Intellectual Property
Trademarks, logos, service marks, text, graphics, photographs, videos, codes, design, structure, selection and arrangements, interfaces and other materials or contents displayed on our site are registered and unregistered trademarks of PT and are protected by copy right, trademark, patent and other intellectual property and proprietary rights which are reserved to PT.
You are not authorized to reproduce, copy, use, download, modify, distribute, transmit, broadcast, print, use reverse engineering on the material contained on this site for commercial use. Information, software, products or services obtained from the Site, or use of the Site for purposes competition is expressly prohibited.
Your Intellectual Property Rights
Contents provided by Sellers belongs to their respective owners and are not included as part of our intellectual property. Sellers, by uploading and posting content for sale hereby grants us nonexclusive, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media for the purpose of selling Seller’s resource on our site and marketing Seller’s resource and making it visible for purchase.
Note: All licenses and rights in resource materials purchased by purchasers are governed by the licensing policy.
Membership and Its Types
Generally, there are two types of membership in the Peertopia group namely purchasers and sellers.
Purchasers: These are users who use the site solely for purchasing resource materials or services provided on our site. To make purchases, the user must open a purchaser account, which shall display his or her username and account profile. Aside from purchases, Purchasers can comment, review and rate resource materials on the site, purchasers can also contact and chat with other members or entitiesand make a request for a tailored resource material.
Sellers: These are users who intend to make income from the use of our services and have joined the site for the purpose of selling their resource materials. To sell resource materials, sellers must open a seller account,which gives them the ability and opportunity to post, upload and sell resource materials. Sellers might also purchase specific marketing tools such as ad space or enhanced product placement from PT. Sellers might be graded online by purchasers of their resources.
Entities: Users such as Educational Institutions or other organizations or members who are using the Peertopia website to buy and download resource materials. Users who linked their account to an Educational Institution or an entity falls into this category and are bound by the User agreement which is fused into these Terms of Use.
Username
Once you sign-up for an account with PT you are mandated to pick a user name as part of the sign-up process. Your username must not be vicious or unsuitable.
Password
Your password safeguards your user account, and you are exclusively responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password while using PT services. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify PT instantly and change your password as soon as possible.
Subscription Fees
Buying. All Members who buy resource materials or other services shall be charged the price assigned to the product, which might include additional taxes or other service fees. If the purchase attracts other taxes aside from the taxes stated here, members shall be responsible for paying such taxes.
Sellers. Membership levels for sellers differ depending on the subscription bought by the seller. The table below shows the current membership levels:
Jobs Board Premium | Free | Premium | |
---|---|---|---|
Annual membership fee | $250 | $0 | $39.95 |
Fee per sale | 0% | 20% | 10% |
Maximum uploads | 0 | 12 | unlimited |
Maximum account size | 0 MB | 250 MB | 1 GB |
Video uploads | No | Yes | Yes |
File uploads | No | Yes | Yes |
Term | 30 Days | 365 Days | 365 Days |
* Any increase in Membership Fees will be applied only to renewals taking place after the change goes into effect.
We have the absolute right to alter the membership levels offered and change the features attributable to each level at any time.
Any Fee increase or change in percentage of Seller’s income shall be effective from the date the changes is made and applies immediately to all sellers. Sellers shall be informed through emails linked to their accounts of such changes or increase.
Sellers shall be solely responsible for any other fees or costs they may incur including taxes when using the services.
Account Deactivation and Termination
Voluntary Termination: You have the sole right to terminate your account at any time without prior notice to PT. You can also reopen the account at any time and without aid or assistance from PT by logging in. However, if you desire never to reopen your account upon voluntary termination, you should contact PT to close the account for you.
Termination by PT: We also have the right to terminate your account at any time, for whatever reason and with or without notice to you. Annual Premium Subscription Fees are non-refundable. If the user or Peetopia decide to close the user’s account at any time during the 12month period of the premium subscription there is no refund, partial or in total, of the premium subscription fee.
Consequences of Termination or account deactivation: Upon termination of your account, you shall cease to have access to your account features such as your account information and resource materials including resource materials you purchased or sold and any other feature of our services which needs an account to be accessible. As a purchaser, comments or messages posted on our site will not be deleted upon the termination of your account. As a seller, resource materials posted on the site will not be visible to purchasers. Although, your resource materials which have been purchased, shall continue to be available and accessible to purchasers who have bought it.
Indemnity
You agree to indemnify, defend, and hold harmless PT and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. PT reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you including settlement of third party claim and, in such case, you agree to cooperate with PT in the defense of such matter.
DISCLAIMER
PT and its employees are not accountable for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software occurring for any reason, including but not limited to, on account of technical problems or traffic congestion on the Internet or at any site or with respect to PT’s or combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using your PT membership. PT shall not be responsible for any loss or damage, including any personal injury or death, resulting from anyone’s use of its site, materials and channels, or any interactions between PT’s employees and PT’s members, whether online or offline.
All content on the site are provided “as is” and “as available” basis. PT rejects any and all warranties and representations be it express or implied including but not limited to implied warranties of title and merchantability and non-infringement. PT cannot guarantee and does not make promises as to any specific results from use of this site. PT does not represent or warrant that the software or other materials distributed on the site are accurate, complete, reliable, current or error-free or virus free or free from other harmful components. You are strongly advised to exercise caution in the use and downloading of any content or materials and you should use industry-recognised software to detect and prevent viruses. You agree that your downloading and obtaining data from the site is at your sole discretion and the risk associated with obtaining data shall be solely borne by you. Consequently, you are responsible for your use of the site and any damages, loss of data or any other harm that may occur to your mobile device or computer.
PT reserves the exclusive right to change any and all content, software and other items used at any time without notice. Reference to products, services, processes or other information, by trade name, trademark, seller, or otherwise on the site does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith. PT shall not be liable for any harm, loss that may arise.
Limitation Of Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PEERTOPIA NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, PEERTOPIA’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PEERTOPIA, ITS AFFILIATES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PEERTOPIA SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH PEERTOPIA IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES.
CONTENT IS ALSO PROVIDED BY SELLERS ON THE SITE. PLEASE NOTE THAT SELLERS MAY POST CONTENT THAT IS INACCURATE, MISLEADING, OR DECEPTIVE. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, OR STATEMENTS MADE BY SELLERS. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON SUCH INFORMATION OR MATERIALS. THE OPINIONS EXPRESSED BY SELLERS AND THIRD PARTIES REFLECT SOLELY THE OPINIONS OF THE INDIVIDUALS WHO SUBMITTED SUCH OPINIONS AND MAY NOT REFLECT OUR OPINIONS.
Changes
PT reserves the right to make changes or variation to these Terms including other policies such as privacy policy, cookie policy, copyright and trademark policy, licensing policy and user agreement periodically. When variations are made, PT shall make a copy of the revised Terms available on this site with the date the variation occurred as the current Terms for the use of services on this site. You acknowledge that your continued use of the site will amount to acceptance of the varied and updated Terms.
Purchasing Terms
Currency
All payments for purchases are to be made in United States Dollars only. Purchases in other currencies are not accepted by PT.
Payment Mode
PT does not accept cash payments or payments in other modes other than:
- Credit cards
- Debit cards
- Paypal account
- Peertopia’s account
Changes to payment mode
If there are changes or additions to the payment mode above, PT shall accordingly inform you by adding or altering the mode above. You have the responsibility to check the payment mode whenever and each time you intend to purchase resource material. PT shall not be liable to you in any way or manner for rejection of your order due to changes in payment mode.
Authority to pay
You acknowledge and give your instruction by clicking on purchase resource materials or any other services or products on our site and by providing your billing information for the exact sum to be deducted from your credit or debit card or Paypal account. Additionally, you acknowledge and agree that PT shall not be liable for any additional fees or charges the transaction might attract or incur from your Bank or Paypal account.
Sellers agree that funds in their wallet might and can be deducted for payments of their purchases on our website if they elect to use that option in place of their credit or debit cards.
Failed Transactions
In cases of failed transactions, as a result of insufficient funds in Paypal accounts or wallets, inaccurate billing information, fraud and stealing shall result in the permanent termination of the purchaser or seller’s account.
In cases of disputed charge pertaining to purchase of resource materials and other services, we shall first take away the resource material from your account, second, provide proof of authorization of the purchase, third decide to dispute your claim, fourth may suspend your account and fifth may offer a refund to you.
Income and Fund Retrieval
Income
By virtue of your membership as a seller in the PT Group, you are entitled to earn as income …% from the exact cost of the resource materials including additional licenses from the sale on our website. This percentage is not earned on shipping costs or any other supplemental fees paid by the purchaser for the resource materials. PT shall at all time deduct its fees and percentages at source before remitting the income to seller.
Wallet
Incomes are remitted on a Monthly basis from the date of the purchase to the Seller’s account. PT may decide to withhold income of Seller due to disputes Seller have with purchasers or for alleged or actual violation of these Terms and other policies of PT.
Paypal account
Seller must have a Paypal Account to enable seller withdraw funds earned in his or her wallet.
Additional Fees
Additional fees may apply based on location and currency when using the paypal account to withdraw funds from Seller’s wallet.
Hitches
PT is not responsible for any delay or hitches that may arise during the process of withdrawing funds from Paypal account. Seller agrees not to hold PT liable for any or all losses or troubles encountered with Paypal account.
Guiding Principle of PT Group
As members of the PT group, you acknowledge and agree to abide by this Terms of Use and other policies. Failure to abide by this Terms will lead to removal or permanent termination of your account.
Ratings
You can review a resource material that you have purchased or accessed without charge by rating it and writing a comment on your experience when using the material. However, comments should be honest, constructive and not abusive or insulting. PT has the right to disapprove or remove any comment which is abusive or obstructive and ban the maker of such comment from making further comments on the site.
No Waiver
Our failure to act with respect to a predicted or actual breach by you or others does not waive our right to act with respect to succeeding or similar breaches. Nothing in this clause shall eliminate or restrict your liability arising out of fraud or fraudulent misrepresentation.
No Warranty as to Each User's Purported Identity
PT cannot and do not confirm each User's supposed identity on the website. PT may provide information about a User, such as geographical location, or third-party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and PT provide such information solely for the convenience of Users and the provision of such information is not an introduction or commendation by PT.
Forbidden Use
The Site may not be used by you or on your behalf for the following:
- Sellers shall not post, upload or publish any resource material other than their original work;
- Selling, sublicensing and/or otherwise commercializing any Website material;
- Using this Website for illegal and fraudulent activities;
- Using this Website in any way that is, or may be, damaging to this Website;
- Using this Website in any way that impacts other users access to this Website;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- Using the contents of this Website to engage in any advertising or marketing without the express written permission of PT;
- Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
Seller’s Content
Sellers must not upload to, distribute, or otherwise publish through this Site any content that (i) is false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam.
Seller acknowledge that he/she is responsible for any material he/she posts and uploads on the site, including the legality, reliability, appropriateness, originality, and copyright of any such material. Seller represent and warrant that seller own or otherwise control all the rights to the content he/she post; that the content is accurate; that use of the content does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify PT for all claims resulting from content you uploaded or posted.
Observing Content
PT has the right and sole discretion to observe and monitor contents and activities of the user who submitted the content. PT may take appropriate actions against violation of the Terms of use or other policies and might suspend, warn, eliminate or refuse access to the services to any user who is found to be in violation of this Terms and policies.
Contact PT
If you have any questions, inquiries or if you choose to know more about our Terms of use, contact us today by sending an email to legal@peertopia.com or give us a call on + 415 812 3200.