Plataforma educativa desarrollada por la Universidad Aden, todos los derechos reservados. Tratamiento de los datos personales según la Política de Privacidad de la Universidad Aden. La información sobre la finalización del curso de cada participante y sus puntajes para cada examen se compartirá con Mastercard International Incorporated ("Mastercard") y con el empleador del participante. Esta información no será utilizada en contra del participante de Embajadores ni podrán ser utilizados como causa de despido. Esta información se utilizará únicamente con el fin de evaluar la comprensión del curso por parte del participante de Embajadores y reforzarla en futuras ocasiones. El curso tiene una duración total de 5 horas. Los participantes de Embajadores tendrán un (1) mes para completar el curso, y el participante de Embajadores deberá negociar directamente con su empleador la distribución del tiempo para completar el curso en horario laboral. Al finalizar el curso, el participante de Embajadores recibirá un descuento del 50% en un título en línea en la Universidad Aden. Si el participante de Embajadores quiere inscribirse en una de las licenciaturas online de Aden, debe contactar directamente con la universidad para completar la inscripción y tener el acceso con descuento. Los participantes de Embajadores tendrán hasta seis (6) meses después de completar el curso para decidir si quieren usar el 50% de descuento.
Aden Educational Group and its affiliates and subsidiaries (collectively, "Aden," "we," "our," or "us") are committed to protecting your privacy. We have prepared this Privacy Policy to describe our practices regarding the information processed by our products and any other Aden products that link to this Privacy Policy (collectively "Products"). This Privacy Policy is generally applicable to all of Aden's products unless otherwise specified.
DATA YOU PROVIDE TO US.
We collect information from you, such as first and last name, gender, e-mail and mailing addresses, professional title, company name, and password when you create an account to log in to our network. When you order Services on our Site or Apps, you provide us or our third party payment processor with information necessary to complete the transaction, which may include your name, credit card information, billing information, and shipping information. We also may retain information on your behalf, such as files and messages that you store using your account. If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail. When you participate in one of our surveys, we may collect additional profile information. We also collect other types of personal information and demographic information that you provide to us voluntarily.
DATA COLLECTED VIA TECHNOLOGY.
Our servers (which may be hosted by a third party service provider) collect information from you, including browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit. We also use cookies and web beacons (as described below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this data and store it in log files each time you visit our Site, use our Apps, or access your account on our network. We may link this automatically-collected data to personally identifiable information. Our use of information received from Gmail APIs will adhere to Google's Limited Use Requirements.
“COOKIES” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site.
“WEB BEACONS” are digital images we use to log information on our Site and in our emails. We use web beacons to manage cookies, count visits, and to learn what marketing works and what does not. We also use web beacons to tell if you open or act on our emails.
“FLASH COOKIES” are used to store your preferences such as volume control or to display content based upon what you view on our websites to personalize your visit. Third party partners who provide certain features on our websites, such as videos, may place Flash cookies on your device. Flash cookies are different from other cookies because of the amount of, type of, and way in which data is stored. Cookie management tools provided by your browser usually will not remove Flash cookies. We do not permit third parties who place or track Flash cookies to use the personal information they collect for advertising or marketing purposes. Most web browsers are set to accept cookies by default. If you prefer, you can typically remove and reject cookies from our Site with your browser settings. If you remove or reject our cookies, it will affect how our Site and Services work for you.
ANALYTICS. We use analytics services to help analyze how users use the Site and Apps. These services use cookies and scripts to collect and store information such as how users interact with our Apps, errors users encounter when using our apps, device identifiers, how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site, our Apps, and our Services. Please see the following links for more information about Google Analytics: http://www.google.com/privacy_ads.html, http://www.google.com/privacy.html, and http://www.google.com/analytics/tos.html. We do not tie the information gathered using third party analytics to your personally identifiable information.
BLOGS/FORUMS.
Our Products may offer a publicly accessible blog and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
USE OF YOUR DATA.
In general, personal information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. Aden uses your personal information in the following ways: to create and maintain your account; to identify you as a user in our system; to operate, maintain, and improve our Site, Apps, and Services; to personalize and improve your experience; to send you administrative e-mail; to respond to your comments or inquiries; to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; and to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback with your permission.
DISCLOSURE OF YOUR PERSONAL INFORMATION.
We will share your personal information with third parties only in the ways that are described in this privacy policy or with your consent.
AFFILIATES.
Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “AFFILIATES”), we may in the future. We may share some or all of your information with these Affiliates, in which case we will require our Affiliates to honor this Privacy Policy.
THIRD PARTY SERVICE PROVIDERS.
We may share your personal information with third party service providers for the sole purpose of providing you with the Services that we offer you through our Site. For example, we may share data with service providers who host our websites or provide email services on our behalf.
OTHER DISCLOSURES.
Aden may disclose information about you if it believes such disclosure is necessary to (a) comply with laws or to respond to lawful requests and legal process; or (b) protect or defend the rights, safety, or property of Aden, users of the Services, or any person including to enforce our agreements, policies, and terms of use or (c) in an emergency to protect the personal safety of any person. We may also share information about you in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company. In the event that information is shared in this manner, notice will be posted on our Site. We may also use de-identified and/or aggregated data for our own use. We do not use information collected through the Products for advertising or marketing purposes.
SOCIAL NETWORKING PLATFORMS.
We may allow you to connect and share information with certain social networking platforms (“SOCIAL NETWORKING PLATFORMS”) (e.g., a Facebook application). By choosing to use these Social Networking Platforms, you allow Aden to share information with the Social Networking Platform. For example, you might use an application to publish Aden related notices on your Facebook wall. If you do not want us to continue to provide your information to the Social Networking Platform, you may change your privacy settings in the Social Networking Platform.
You can also access certain features of our Site using Social Networking Platforms. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name, email address, and other personal information to pre-populate an application.
We do not control the privacy practices of the Social Networking Platforms and sign-in services you choose to use and this privacy policy does not cover their practices, you should visit the privacy policies of any Social Networking Platform or sign-in service you choose to use to understand their practices.
CHANGES TO PERSONAL INFORMATION.
You may change some of your personal information in your account by editing your profile within the Service. You may also request changes or deletions by e-mailing us at the e-mail address set forth below. We will respond to your request, when permitted by law, within 30 days. We may be unable to delete information that resides in our archives.
SECURITY OF YOUR PERSONAL INFORMATION
Aden takes reasonable steps to help protect your personal information in an effort to prevent unauthorized access, use, or disclosure. Despite these measures, you should know that Aden cannot fully eliminate security risks associated with personal information. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. Any content you post while using the Services is at your own risk. If you have any questions about security on our Site or Apps, you can contact us at the contact information set forth below.
CONTACT INFORMATION
Aden welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at privacy@aden.org.
CHANGES TO THIS PRIVACY POLICY.
Aden may change this Privacy Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date above. If such changes are material, a notice of the changes will be posted along with the revised Privacy Policy. We encourage you to visit this page from time to time for the latest on our privacy practices.
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF ADEN EDUCATIONAL GROUP (“ADEN”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES ENABLED VIA THE WEBSITE (THE “SERVICES”) BY ADEN OR USERS OF THE SITE (“USERS”), CLICKING THE “I ACCEPT” CHECK BOX, OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
The Services include, but are not limited to, a learning management system that entities (“Entities”) may subscribe to and provide to their instructors and learners (“Instructors” and “Learners”) in connection with courses (each, a “Course”). ADEN provides an account that enables a designated User to manage the Services, manage Learner and Instructor access to the Services, and provide general support on behalf of an Entity. “User” means any user of the Services, including Learners, and Instructors.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY ADEN IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, ADEN will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us. Any changes to the Terms will be effective immediately for new Users of the Website or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing User. ADEN may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
Use of the Services and ADEN Properties.
The Website, the Services, and the information and content made available by ADEN on the Website and in the Services are protected by copyright laws throughout the world. Subject to the Terms, ADEN grants you a limited license to reproduce portions of the ADEN Properties for the sole purpose of using the Services for your personal purposes or, in the event you are an Instructor, your educational purposes.
1.1 Application License. ADEN also provides a mobile application for use with the Services. Your use of the Application is governed by the End User License Agreement that accompanies the Application in the marketplace where you download it.
1.2 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the ADEN Properties, (b) you shall not use framing techniques to enclose any trademark, logo, or other ADEN Properties; (c) you shall not use any metatags or other “hidden text” using ADEN’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the ADEN Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website; (f) except as expressly stated herein, no part of the ADEN Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the ADEN Properties. Any future release, update or other addition to the ADEN Properties shall be subject to the Terms. ADEN, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the ADEN Properties terminates the licenses granted by ADEN pursuant to the Terms.
Registration.
In order to access certain features of the ADEN Properties you must create an account (“Account”) by providing necessary information when registering (“Registration Data”) and accept the Terms.
2.1 Registration Data. In registering for the Services, you agree to (1) provide true, current, and complete Registration Data; and (2) maintain and promptly update the Registration Data to keep it true, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify ADEN immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the ADEN Properties if you have been previously removed by ADEN, or if you have been previously banned from any of the ADEN Properties.
2.2 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the ADEN Properties, including but not limited to, a mobile device that is suitable to connect with and use the Application. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the ADEN Properties.
Responsibility for Content.
3.1 Types of Content. You acknowledge that all Content, including the ADEN Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not ADEN, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the ADEN Properties. Other Users of the ADEN Properties, and not ADEN, are similarly responsible for all Content such other Users Make Available through the ADEN Properties.
3.2 No Obligation to Pre-Screen Content. You acknowledge that ADEN has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although ADEN reserves the right in its sole discretion to pre-screen, refuse, or remove any Content that (1) violates any law or regulation, (2) violates these Terms, including the User Code of Conduct set forth in Section 5.4 hereof, and/or (3) otherwise creates liability for ADEN.
Ownership.
4.1 ADEN Properties. Except with respect to Your Content and User Content, you agree that ADEN and its suppliers own all rights, title and interest in the ADEN Properties. ADEN’s name and other related graphics, logos, service marks and trade names used on or in connection with the ADEN Properties are the trademarks of ADEN and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the ADEN Properties are the property of their respective owners.
4.2 Your Content. Your Content shall at all times remain your sole property and you agree that you have no right, title or interest in or to any other Content that appears on or in the ADEN Properties. You represent that you have all necessary right, power and authority to post Your Content to the ADEN Properties. You agree to allow ADEN and its applicable contractors to freely host, reproduce, transmit, modify, display and otherwise use Your Content (in whole or in part) as reasonably necessary to provide the Services to you, and in accordance with ADEN’s agreement with your Entity, if applicable.
4.3 Your Account. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on or in the ADEN Properties, you hereby expressly permit ADEN to identify you by your username as the contributor of Your Content in any publication in any form, media, or technology now known or later developed in connection with Your Content.
4.4 User Code of Conduct. As a condition of use, you agree not to use the ADEN Properties for any purpose that is prohibited by the Terms or by applicable law. Do not post, or permit others to post, content on the ADEN Properties or on your profile that (i) encourages illegal activities, is fraudulent, or is unlawful; (ii) insults, defames, harasses, or threatens others; (iii) violates the copyright or intellectual property or privacy rights of others; (iv) contains obscene, vulgar, pornographic, or libelous material; (v) harms or impersonates others, including other Users; or (vi) advertises or sells a product or service. Do not reproduce content from your Course or other Learners unless allowed by the express copyright terms laid out by the ADEN (e.g. Creative Commons). Do not share the solutions to assignments with others unless this is expressly authorized by the Instructor. Do not submit the work of others as your own work. Respect the privacy of other Users. Respect the diversity of opinions and cultures that will be presented by other Users. Do not attempt or engage in, any potentially harmful acts that are directed against the ADEN Properties, including but not limited to violating or attempting to violate any security features of the ADEN Properties, introducing viruses, worms, or similar harmful code into the ADEN Properties, or interfering or attempting to interfere with use of the ADEN Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the ADEN Properties. If you believe that someone has violated this code of conduct, begin by notifying the Instructor of the Course. If the issue is not addressed by the Instructor to your satisfaction, contact legal@aden.org with your concerns.
4.5 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to ADEN through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that ADEN has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to ADEN a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the ADEN Properties.
Investigations.
ADEN may, but is not obligated to, monitor or review the ADEN Properties and Content at any time. Without limiting the foregoing, ADEN shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although ADEN does not generally monitor user activity occurring in connection with the ADEN Properties, if ADEN becomes aware of any possible violations by you of any provision of the Terms, ADEN reserves the right to investigate such violations, and ADEN may, at its sole discretion,terminate your license to use the ADEN Properties, or change, alter or remove Your Content, in whole or in part.
Interactions with Other Users.
6.1 User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that ADEN reserves the right, but has no obligation, to intercede in disputes among Users. You agree that ADEN will not be responsible for any liabilities incurred as the result of such interaction.
6.2 Content Provided by Other Users. The ADEN Properties may contain User Content provided by other Users. ADEN is not responsible for and does not control User Content. ADEN has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
Third-Party Websites.
7.1 Third-Party Websites. The ADEN Properties may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a Third-Party Website, we will not warn you that you have left the ADEN Properties and are subject to separate terms and conditions or privacy policies. Such Third-Party Websites are not under the control of ADEN . ADEN is not responsible for any Third-Party Websites and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, or their products or services. You use all links in Third-Party Websites at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
7.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third-party from which you received the Application, e.g., the Apple or Android app stores.
Indemnification.
You agree to indemnify, defend, and hold ADEN, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “ADEN Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the ADEN Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations. ADEN reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ADEN in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the ADEN Properties.
Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ADEN PROPERTIES IS AT YOUR SOLE RISK, AND THE ADEN PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ADEN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADEN PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ADEN PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE ADEN PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ADEN PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ADEN PROPERTIES WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE ADEN PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ADEN PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ADEN MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ADEN OR THROUGH THE ADEN PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability.
10.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ADEN PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ADEN PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT ADEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE ADEN PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE ADEN PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE ADEN PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON ADEN PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE ADEN PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
10.2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL ADEN PARTIES BE LIABLE TO YOU FOR MORE THAN THE ANY AMOUNTS RECEIVED BY ADEN AS A RESULT OF YOUR USE OF THE ADEN PROPERTIES IN THE 12 MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID ADEN ANY AMOUNTS IN THE 12 MONTHS PRECEDING YOUR CLAIM, ADEN’S SOLE AND EXCLUSIVE LIABILITY SHALL BE FIFTY DOLLARS ($50).
10.3 User Content. ADEN PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
10.4 No Liability for Conduct of Third Parties or Other Users. YOU ACKNOWLEDGE AND AGREE THAT ADEN PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ADEN PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE ADEN PROPERTIES. YOU UNDERSTAND THAT ADEN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE ADEN PROPERTIES.
10.5 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ADEN AND YOU.
Procedure for Making Claims of Copyright Infringement.
It is ADENs policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to ADEN by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the ADEN Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the ADEN Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for ADEN’s Copyright Agent for notice of claims of copyright infringement is as follows: legal@aden.org.
Term and Termination.
12.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the ADEN Properties, unless terminated earlier in accordance with the Terms.
12.2 Termination of Services by ADEN. If you have breached any provision of the Terms, or if ADEN is required to do so by law (e.g., where the provision of the Website, the Application, or the Services is, or becomes, unlawful), ADEN has the right to suspend or terminate any Services provided to you or to delete any of Your Content. You agree that all terminations for cause shall be made in ADEN’s sole discretion and that ADEN shall not be liable to you or any third-party for any termination of your Account. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also may include deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. ADEN will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
General Provisions.
13.1 Electronic Communications. The communications between you and ADEN use electronic means, whether you visit the ADEN Properties or send ADEN e-mails, or whether ADEN posts notices on the ADEN Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from ADEN in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ADEN provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect any statutory rights you may have.
13.2 Release. You hereby release ADEN Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the ADEN Properties.
13.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ADEN’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ADEN may assign its rights and obligations under these Terms to a third party without your consent.
13.4 Force Majeure. ADEN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
13.5 Compliance. If you believe that ADEN has not adhered to the Terms, please contact ADEN by emailing us at legal@aden.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
13.6 Waiver. Any waiver or failure by ADEN to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.7 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
13.8 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.