By registering with SavoirSoft®, you understand you are joining as a Beta Member of SavoirSoft to help test features, functionalities, and capabilities of the site, and you acknowledge that all such features, functionalities, and capabilities of SavoirSoft's beta-site are in development with some of the same not yet available for your use. Also by registering as a Beta Member of SavoirSoft, you agree to be bound by all the terms and conditions of this Beta Membership Agreement. You acknowledge that your electronic submission of this license constitutes your agreement and intent to be bound by, and to pay for, this beta membership and this transaction. PLEASE DO NOT COMPLETE THE REGISTRATION PROCESS IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SavoirSoft's patented, micro-licensing software technology, Marque-de™, provides the platform for this Internet micro-publishing site; which is dedicated to helping all kinds of artists, professionals, trade persons, journalists, authors, and academics, and all types of publishers more effectively connect and network with the world to offer talent, gather information, reportion current events, solve problems, answer questions; and to exchange, share, and sell their practical expertise, skill, and creativity. SavoirSoft members are united in developing and expanding the most comprehensive on-line talent and knowledge network to help our global community access, collaborate, advance, and apply the world's collective genius for the world's greater benefit.
With its Marque-de™ platform, SavoirSoft facilitates on-line communities that promote a world-wide movement of good people who do good for others. SavoirSoft enables pools of both like-minded and curious people to affiliate around shared goals and values, united by the relationships they build on their admiration for the knowledge, artistic contributions, and assistance provided to others.
Through SavoirSoft's Marque-de™ platform, SavoirSoft members may electronically upload and post (collectively, "publish") works of their knowledge, expertise, and creativity ("Author's Works") to the Site and offer such works for license in SavoirForums™ to other SavoirSoft members ("Buyers"). Those members who publish Author's Works ("SavoirAuthors") are paid royalties from the licensing fees collected from Buyers.
SavoirSoft's policies and this Beta Membership Agreement provide the rules and guidelines that help to create safe, fair, and enjoyable Symposium and Forum portals for all its members. This Beta Member Agreement is intended to:
- Support government laws and regulations.
- Minimize risks and provide equal opportunity to all SavoirSoft members.
- Protect all SavoirSoft members' intellectual property rights.
- Provide an enjoyable collaboration, authoring/publishing, and buying experience.
- Support the values of the SavoirSoft member community.
This Agreement may be modified from time to time. This Agreement supersedes any prior agreements. The current version applies to your use of the Service and the Site both now and in the past. This Agreement is effective on November 1, 2014 for current members, and upon acceptance for new members.
1. Membership Registration
To protect your privacy and the privacy of others, SavoirSoft uses SavoirNames to identify members. We keep your email address and other, personal information strictly confidential.
You should refrain from using identifiers in choosing your SavoirName and in your postings that would compromise your privacy; such as your email address, URLs, full name, street address, city or town of residency, telephone or fax numbers, place of employment, birth date, etc.
We require a registration process so that you may choose a member name ("SavoirName" or "Member" or "Login" or "Member Name"), a password, a billing address where your earned royalties, gifts, and other benefits will be mailed to you, and so that we may permit you to use this Service. Your SavoirName will be used to identify you on SavoirSoft. You may log in to SavoirSoft, use the Services or modify your information, only through your SavoirName and password.
DO NOT SHARE YOUR PASSWORD AND SECURITY INFORMATION WITH OTHERS AS IT MAY RESULT IN THE FRAUDULENT USE OF YOUR SAVOIRSOFT MEMBERSHIP AND FRAUDULENT CLAIMS BY OTHERS TO YOUR ROYALTIES, GIFTS, AND OTHER BENEFITS.
You MUST be age 18 years or older, you may NOT have more than one SavoirSoft account or SavoirName, and you ONLY may have one email address for your use of the Service. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSION OF THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE AND INTENT TO BE BOUND BY AND TO PAY FOR YOUR SAVOIRSOFT BETA MEMBERSHIP AND THIS TRANSACTION. By registering, you certify that the email address you provide in the registration is accurate and belongs to you; otherwise we have the option of suspending your account with SavoirSoft.
Member registration may not be shared and Site Services may not be transferred to others. You are responsible for maintaining the confidentiality of your password, your security information, and for any and all activities that occur under your SavoirName and password. You agree to notify SavoirSoft immediately at email@example.com of any unauthorized use of your account or any other breach of security you learn about.
2. Membership & Service Fees
We do charge fees for Membership and for using other services, such as when your Author's Works are licensed from SavoirForums™. Before you register and when you use a publication service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fee & Payment Policy Schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the SavoirSoft Site.
We may choose to temporarily change the fees for promotional events (for example, free publication days) or for new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. A credit card is required for all Member registration and the Site Service. Your credit card will be charged in the manner as set forth in the descriptions at our Member Services Page, at the then current rate, until you notify us of your desire to cancel your membership. Upon confirmation of payment to SavoirSoft, you will receive the benefits and features as set forth in the descriptions on the Member Services Page. (The credit card companies that we accept transactions from may change from time to time; please refer to our membership registration page for information on credit cards that we currently accept.)
WE UNFORTUNATELY CANNOT OFFER REFUNDS DUE TO THE NATURE OF THE SITE'S CONTENT, and we are unable to prorate for partial term usage OR for non-usage of the Service while you are a Member, or for reasons pursuant to Section 14 (Indemnification) of this Agreement. However, you may cancel your membership at any time before your renewal date. Simply go to your MySavoirPage and follow the directions of the online cancellation process. You also may email firstname.lastname@example.org.
YOUR MEMBERSHIP WILL NOT RENEW AUTOMATICALLY. By becoming a member of SavoirSoft, you consent to SavoirSoft NOT automatically renewing your membership services. SavoirSoft will notify you by email prior to the expiration of your current membership. Do nothing, and your membership will be canceled and all accrued membership benefits, referral bonuses, and gifts will be forfeited, excluding unpaid royalties. Failing to renew your membership will result in the expiration of your membership to SavoirSoft and will end your use of all SavoirSoft services at the end of your current membership term.
If your credit card number changes or if you wish to change the credit card to which you are billed, please update your profile to ensure that your access to Member Services is uninterrupted. We will attempt to notify you via email if we are unable to process your payments, but if we are unable to contact you; your account will be suspended until you provide a valid form of payment. At this point, you will not have access to Member Services features. If you have any further questions, please contact Member Support at: email@example.com.
4. Guidelines for Use
The SavoirSoft Service and Site are only available for use by individuals who are age 18 or over. The Service and Site may not be used by scripts, machines or automated services without express written consent of SavoirSoft and the Site ownership.
The SavoirSoft Service and Site may be used only for lawful purposes. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the Service or Site for any criminal or illegal activities or any activities that might be legally actionable.
SavoirSoft reserves the right to determine what constitutes abuse of its Site, Internet abuse, and objectionable conduct. If we believe, in our sole discretion, that a violation of these Guidelines has occurred, we may take responsive action. Such action may include, but not be limited to, the permanent removal of illegal or inappropriate information or content; the retention or elimination of Royalty balances, gifts, Token, Merit, CDC's, and other benefits accrued in your member account; and/or the suspension and/or termination of your SavoirSoft membership and access to the SavoirSoft Service and Site.
You understand and agree not to use SavoirSoft to:
- Post content or initiate communications which are unlawful, libelous, abusive, obscene, profane, discriminatory, or otherwise objectionable, as considered in our opinion, to be inappropriate for SavoirSoft membership including, but not limited to violations of any third party's privacy or publicity rights.
- Plan or communicate illegal activities, such as creating computer viruses, building a bomb, counterfeiting money or pirating software and Serial Numbers of products for which you do not have a registered license.
- Post, transmit or link to any text or images that promote hatred of persons and groups of persons, or are sexually explicit, pornographic, violent, racially or ethnically objectionable or grossly offensive to the online community.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your current or previous positions, experiences, and qualifications, licenses or certifications, or your affiliations with a person or entity either past or present.
- Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights, or violates any confidentiality agreements or contracts of employment.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to using the SavoirSoft Service to send messages to distribution lists, newsgroup aliases, or group aliases.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the SavoirSoft Service.
- Interfere with or disrupt the SavoirSoft Service, the Site, or servers or networks connected to the Service or Site, or disobey any requirements, procedures, policies or regulations of networks connected to the SavoirSoft Service.
- Advertise, promote in any way or offer to sell any goods or services for any commercial purpose other than in designated areas (for example, within a SavoirSymposium™ discussion thread or a SavoirForum™ marketplace).
- Solicit individuals for employment other than in designated areas (for example, in a SavoirSymposium™ discussion thread or a SavoirForum™ marketplace).
- Solicit organizations, individuals, Site members, or Site sponsoring patrons to join other services comparable to or competitive with SavoirSoft.
- Acquire intellectual property, copyrighted or Site licensed material and distribute or otherwise make available such material outside of the Site, to persons who are not SavoirSoft members, or in violation of this Agreement or any SavoirSoft End User License Agreement you have accepted.
- Post links in SavoirSymposiums™, SavoirForums™, or in your member profile that lead to a competitor's site.
- Promote any products or services that are unlawful or the location at which such content is posted, provided or received.
- Post, transmit or link to statements that are intentionally false or misleading.
- Introduce viruses, worms, harmful codes or Trojan horses.
- Spam, flame or conduct other similar activities, such as arguments between any one in a SavoirSymposium™ or SavoirForum™.
- Misuse the SavoirSoft Token and Merit Systems.
- Violate the guidelines for academic honesty or other unethical behavior. (Note: It is allowable to help a student with a project, but not allowable to do it for them).
Violations of system and network security are strictly prohibited. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account. If you notice a problem with other members not following these Guidelines, please notify us by contacting Member Support at: firstname.lastname@example.org.
5. Access to and Interference of Service
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to SavoirSoft by our members or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site's infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Site (except from SavoirSoft's "For Your Information" areas) without the prior expressed written permission of us and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or;
- by-pass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy the Site or the content included herein. You also agree not to "frame" or otherwise simulate the appearance and functions of the Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on the Site's infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
6. Author License Overview
SavoirSoft enables members to electronically upload and post (collectively, "publish") works of their knowledge, creativity and expertise ("Author's Works") to its Site and offer Author's Works for sale to other SavoirSoft members ("Buyers"). An Author's Work can include, but is not limited to: monographs, fictional and non-fictional works, curricula and instructional materials, poems, screen plays, computer code and programs scripts, musical scores, pictures, manuscripts, drawings, illustrations, designs, blueprints, technical schematics and diagrams, formulas, recipes, equations, processes, procedures, methodologies, lexicons, etc.
SavoirSoft reserves the right to determine what constitutes the appropriate digital format and content of an Author's Work for the Site, and may, in our sole discretion, reject your Author's Work, upon or after publication, if we believe that Author's Work is inappropriate for the Site.
Members electing to publish their Author's Work to the Site ("SavoirAuthors") and offer the same for sale to Buyers understand and agree to the terms and conditions of SavoirSoft's Author License prior to publishing such work to the Site. DO NOT COMPLETE THE AUTHOR LICENSE AND PUBLISH AUTHOR'S WORKS TO THE STIE IF YOU DO NOT AGREE WITH ITS TERMS AND CONDITIONS.
You shall retain in full the exclusive right to sell or license Author's Work for publication in whole or in part, in English or in any foreign language, in any way, shape, edition, or form not in conflict with the rights granted to us under the Author License. All and any other subsidiary rights including television, film, stage, radio, etc., shall remain with you.
You determine and set the price for your Author's Work when you publish your Author's Work on the Site. As a SavoirAuthor, you do not incur fees on your Author's Work until such work or works are licensed by SavoirSoft members. SavoirSoft will pay royalties to you, which are calculated based on the Author License you executed when you published your Author's Work. You have an opportunity to review and accept the fees that you will be charged when you use a publication service that has a fee associated with it. Unless otherwise stated, all prices, fees, and royalties are quoted in U.S. Dollars.
7. End User License Agreement Overview for Authors' Works
SavoirSoft members may purchase licenses to Authors' Works through SavoirSoft's End User License Agreement ("EULA") process. SavoirAuthors (members electing to publish their Author's Work to the Site) determine the license price and select from SavoirSoft's EULA Library which SavoirSoft EULA will govern the use of their Author's Works. Unless otherwise stated, all licensing fees are quoted in U.S. Dollars.
As a Buyer, you must accept the EULA for the Author's Work you are acquiring, and pay the licensing fee before you are permitted to license and download the Author's Work. You have an opportunity to review and accept the EULA terms and the fees that you will be charged prior to acquiring any work from the Site. Once you accept an EULA, you are bound by its terms and conditions. Do not accept the EULA, acquire, and download the Author's Work if you do not agree with the license agreement terms and conditions specified for the Author's Work you are considering.
8. Contributor License
SavoirSoft enables members to post problems or questions and to propose solutions or answers, and provide information, definitions, comments and other content ("Your Contributions") to the Site. When you post Your Contributions to the Site, you understand and agree that Your Contributions can be viewed and used by other members who visit the Site.
You represent and warrant that you own or otherwise control all of the rights to Your Contributions and that use of Your Contributions by SavoirSoft and its affiliates will not infringe upon or violate the rights of any third party. Before you use SavoirSoft Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with SavoirSoft and by posting Your Contributions on the Site, you hereby grant SavoirSoft a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable (through multiple tiers), worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Contributions in any form, media or technology, whether now-known or hereafter developed. You also grant SavoirSoft and its affiliates and sub-licensees the right to use the SavoirName that you submit with Your Contributions for purposes of attribution. You must notify SavoirSoft at: email@example.com. if you do not wish Your Contributions attributed to you.
9. Agent for Notification of Claimed Infringment
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, SavoirSoft has designated an agent to receive notices of claimed copyright infringement. If you believe Author's Work and Your Contributions have been used on the Site in a manner that constitutes copyright infringement, please notify our designated SavoirSoft agent at: firstname.lastname@example.org. or follow the claim notification procedures set forth on our Legal Notices Page
10. Disclaimers of Warranty
Other than providing a framework in which members electronically upload and post ("publish") works of their knowledge, creativity and expertise ("Author's Work") to our Site and offer Author's Work for license to other members; or to post problems or questions, proposed solutions or answers, and to provide formulas, processes, methodologies, information, definitions, comments and other content ("Your Contributions") to the Site; we do not review or verify the content of Author's Works and Your Contributions at SavoirSoft's Site.
Members who participate and use SavoirSoft have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which has not been reviewed or verified by us. We have no control over and do not guarantee the quality, safety or legality of Author's Works and Your Contributions, the truth or accuracy of the content in Author's Work and Your Contributions, the ability of members to license Author's Works, or the ability of members to pay for such works, or that members will actually complete a transaction.
You may review each member's information including their profile, a list of Author's Works, questions answered, and Valeur de Marques (awarded by other members), by clicking on their Member Name.
The Site and the Service are provided on an "as is" and "as available" basis. SavoirSoft does not assume any responsibility for prompt or proper delivery or retention of any member information or communications between members, and assumes no responsibility for the accuracy or existence of any communications between members.
SavoirSoft makes no representations or warranties of any kind, expressed or implied, as to the operation of the Site or the information, content, materials or products included on the Site. We cannot guarantee continuous or secure access to our Service, and the operation of the Site may be interfered with by numerous factors that are outside of our control. Further, SavoirSoft makes no warranty that the Service will meet your requirements or expectations, or that the Service will be uninterrupted, timely, secure or error free. We do not warrant that the Site or our Service are free of computer viruses or other harmful materials. Nor do we make any warranty as to: (i) the quality of any products, services, information, or other material purchased or obtained by you through the Site and Service; (ii) the results that may be obtained from the use of products, services, information, or other materials purchased or obtained by you through the Site and Service; (iii) the accuracy or reliability of any information purchased or obtained through Service; or that (iv) any errors in software will be corrected.
You expressly agree that the use of the SavoirSoft Service and any material licensed, purchased, downloaded or otherwise obtained through the use of the Service and Site is done at your own discretion and your sole risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you through the Service shall create any warranty, whether by implication, estoppels or otherwise.
Accordingly, to the extent legally permitted, SavoirSoft disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
11. SavoirSoft Property Rights
The layout, design, concept and organization of the Site and Service, and SavoirSoft's Marque-De™ system architecture that runs the Site and Services are subject to SavoirSoft's patents, copyrights, trademarks, and other intellectual property rights. All rights are reserved.
You acknowledge and agree that SavoirSoft owns all right, title and interest in: (i) the Services, (ii) the Site; (iii) its Marque-De™ system architecture and the technology available on the Service or the Site; and (iv) in all copyrights, patents, trademarks and other intellectual property rights therein. Any use of SavoirSoft's Service, Site, Marque-De™ technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.
You agree that you will obtain the express written permission from us before you copy, upload, transmit, reproduce, distribute or in any way exploit any SavoirSoft Service, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the SavoirSoft Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Service during the Agreement and for a period of six (6) years after termination.
This Agreement does not constitute a license to use SavoirSoft's trade names, service marks or any other trade insignia. Any use of SavoirSoft's trade names, services marks or any other trade insignia shall be subject to our prior written consent.
12. Limitation on Liability
Regardless of the type of claim or the nature of the cause of action, you agree that in no event shall SavoirSoft, our officers, directors, employees, agents, contractors, service providers, publishers, members, patrons, sponsors, licensors, or any other party involved in creating, producing or delivering the Service, technology or content available on the Service (collectively referred to as; "SavoirSoft Affiliates"), be liable to you in any manner whatsoever for: (i) any decision made or action or non-action taken by you in reliance upon products and information provided through the Service; (ii) any loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; (iii) any direct, indirect, incidental, punitive or consequential damages, including but not limited to loss of revenues, loss of profits or loss of reputation, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.
Regardless of the previous paragraph, if we are found to be liable to you or to any third party, our liability and your sole and exclusive remedy with respect to the use of any Service provided by SavoirSoft shall be cancellation of your membership to the Service.
If you have a dispute with one or more SavoirSoft members, you release us and SavoirSoft Affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
SavoirSoft provides our Service and Site to members on the assumption that members will act professionally and responsibly. If they do not, members must bear full responsibility for their actions. As a member, you agree to defend, indemnify and hold harmless SavoirSoft and SavoirSoft Affiliates from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from: (i) any breach of your covenants under this Agreement; (ii) your use of the Service or the Site; (iii) all conduct and activities occurring under your SavoirName and password; (iv) any defamatory, libelous or illegal material contained within your Author's Works and Your Contributions or your information; (v) any claim or contention that your Author's Works and Your Contributions or your information infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) from any third party's access or use of your Author's Works and Your Contributions or your information. We reserve the right, at our expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without our prior written consent, which shall not be unreasonably withheld.
15. Token and Merit System Overview
SavoirTokens™ of Appreciation ("Tokens") are used as "currency"; in SavoirSymposiums™ and SavoirForums™. Members use Tokens to: (i) post questions or problems at the Site, (ii) purchase previously solved problems and solutions to questions (known as "SavoirPiques™" or "Piques"), or (iii) as partial, legal consideration when licensing Authors' Works.
Members who participate at the Site by publishing "Author's Work" or providing answers and solutions, "Your Contributions," are collectively referred to as, "SavoirContribuants™" ("Contribuants"). SavoirContribuants™ earn SavoirMerits™ of Admiration ("Merits"). Merits are used to recognize and reward Contribuants for their participation in helping other SavoirSoft members. As Contribuants accumulate Merits, they may achieve special SavoirSoft membership status and additional membership benefits.
Although Tokens and Merits do not have monetary value and are not redeemable for cash, goods or services, SavoirSoft recognizes that managing its Token and Merit System is similar to a country managing its currency. Therefore, we reserve the right to modify the number of and the use of Tokens and Merits we provide, to discontinue the provision of free Tokens and Merits, or to establish a monetary value for Tokens and Merits. For instance, SavoirSoft may enable members to renew their memberships using their accumulated Tokens; or occasionally, we may run promotions or contests where we use the accumulation of Merits by each member for the purpose of scorekeeping.
If you have any further questions or need additional information regarding SavoirSoft Tokens or Merits, please refer to the Token & Merit System Policy or the Site's Help Desk. Also, should you need additional Tokens, refer to our Token Acquisition Instructions regarding purchasing blocks of Tokens.
16. Contribuant Divident Credits
Contribuant Dividend Credits ("CDC's") are awarded to SavoirContribuants™ for the contributions they make to Symposiums and Forums as evidenced by their accumulated Merits of Admiration that are retired from time to time and exchanged for CDC's. CDC's also may be earned by SavoirAuthors who have attained special membership designations, and who have elected to join our team of SavoirChampions™ to recruit SavoirPatrons™ (sponsors) and other knowledgeable experts to the Site. The purpose of CDC's is to recognize those special SavoirSoft Members who help grow the Site's Internet presence; and who help expand the Site's membership, sponsorship, and Services.
CDC's do not have monetary value and are not redeemable for cash, goods or services; and we reserve the right to modify the number and the use of CDC's, to discontinue the provision of free CDC's, or to establish a monetary value for CDC's. For instance, SavoirSoft may from time to time and as determine by SavoirSoft in our sole discretion, establish a future value for CDC's, or enable CDC's to be exchanged for services or merchandise during promotional events. Additional information about CDC's can be found on the Site's SavoirChampions™ Page.
SavoirAuthors who have attained special membership designations and who have elected to join our team of SavoirChampions™ to earn CDC's in support SavoirSoft, agree to the conditions specified in the SavoirChampion™ Membership Addendum of this Agreement, found on the Site's SavoirChampions™ Page as separately executed by these Authors and SavoirSoft.
17. Term and Termination
This Agreement shall be effective for as long as you use the Service. Either you or SavoirSoft may terminate this Agreement with or without cause, upon thirty (30) days notice to the other party. SavoirSoft may terminate this Agreement immediately if, based on our sole judgment, we determine that you have: (i) breached this Agreement or the Guidelines established for the use of the Service or Site; (ii) infringed or violated any intellectual property right of SavoirSoft; or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party.
The termination of this Agreement shall terminate your access to the Service, and all accrued membership benefits, referral bonuses, and gifts will be forfeited, excluding unpaid royalties. Neither SavoirSoft nor any SavoirSoft Affiliate shall be liable to you or to any third party for termination of the Service for any reason. The termination of this Agreement does not relieve you of your obligation to pay any fees accrued or payable for use of the Service prior to the effective date of termination of this Agreement.
Upon termination of this Agreement, the Contributor License you have granted to SavoirSoft shall continue and any Author License, should one exist between you and SavoirSoft, shall also continue. Provisions of these licenses, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.
18. Export Control Compliance
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws. Regrettably, nations of Cuba, Iraq, Iran, Libya, North Korea, Afghanistan, and Syria may not legally access SavoirSoft.
19. Applicable Law and Jurisdiction
This Site (excluding links) is controlled and operated from the SavoirSoft offices in Douglas County, Nevada USA. You agree that all matters arising from or relating to the use and operation of the Site and Service shall be governed by the laws of the State of Nevada and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of Nevada and the United States of America. The federal and state courts of the State of Nevada located in Reno, Nevada USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Service. You expressly consent to: (i) the personal jurisdiction of such courts over you; and (ii) service of process being affected upon you by either email or registered mail sent to the address you provide SavoirSoft in connection with your membership for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.
20. No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
21. No Assignment
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of SavoirSoft.
22. Resolution of Disputes
If a dispute arises between you and SavoirSoft, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SavoirSoft agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Service (a "Claim") in accordance with one of the subsections below or as we both otherwise agree in writing. Before resorting to these alternatives, SavoirSoft strongly encourage you to first contact us directly to seek a resolution by going to the Member Services Page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Nevada as they apply to agreements entered into and to be performed entirely within Nevada between Nevada residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SavoirSoft must be resolved by a court located in Douglas County, Nevada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Douglas County, Nevada for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against SavoirSoft must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, SavoirSoft may recover attorneys' fees and costs up to $3,750.00, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
23. Consumer Rights
If you should have any complaints about the Service, or need further information about the Service, contact Member Support at: email@example.com.. You also may report complaints to the Consumer Services Section of the Division of Insurance of the Nevada Department of Business and Industry by contacting them in writing at: 1818 East College Parkway, Suite 103, Carson City, NV 89706, or by telephone at (775) 687-0700, or at: http://doi.nv.gov/Consumers/File-A-Complaint/.
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.