The present Terms of Use constitute a legally binding agreement between you (hereafter interchangeably referred to as “You” or “Your”) and “HYECONNECT VIRTUAL PORTAL” Foundation (a foundation registered and operating under the legislation of the Republic of Armenia) (hereafter referred to as “HyeConnect”, “We”, “Us” or “Our”) regarding Your use of the HyeConnect platform available with the website https://hyeconnect.org/, including any information, audio- and video-content, images and/or any other functionality and/or content contained therein, including, without limitation, when placed on the Platform by You (together, the “Content”), as well as any underlying databases, software and/or technology made available for use via the same website (hereafter altogether referred to as the “Platform”). Our Privacy Policy, contained in a separate document, form an unalienable part of these Terms of Use.
By accessing to or using the Platform You explicitly and irrevocably agree to be bound by these Terms of Use. We reserve the right to seek all remedies available by law for any violation of these Terms of Use, including, without limitation, any violation of our rights in relation to the name and any Content of the Platform.
Please read these Terms of Use (including the Privacy Policy) carefully. Please do not access or start using the Platform if You have not done so, or if You do not agree to any of these Terms of Use, including the Privacy Policy.
The name, trademarks and any other intellectual property objects used on the Platform are the exclusive property of HyeConnect. Unauthorized use of the Platform name and/or trademarks is prohibited.
All rights, title and interests in and to the Platform and all uses thereof, applications and other materials contained therein, including without limitation all copyright, trademark, patent and other intellectual property rights therein, shall be and remain solely with HyeConnect, and may not be used without Our express written permission.
You do not acquire any ownership rights towards the Platform or contents thereof by using the Platform.
You agree not to copy, redistribute, publish or otherwise exploit material from the Platform, except as expressly permitted herein.
The Platform was developed by “HYECONNECT VIRTUAL PORTAL” Foundation with the purpose of helping Armenians around the world to connect and establish a dialogue via virtual environment to leverage their power, knowledge, expertise, skills and capacities at large to serve to the empowerment of Republic of Armenia, establish a dialogue aimed at initiating and completing projects, proposals, events, discussions, conferences, analytical reports, advisory summaries, etc. in different areas of social life, country strategy and in any issues related to the Armenian nation.
Within the scope of the Platform You will have the opportunity to create projects, discussions, events, communities, surveys and polls (collectively also referred to as “Activities”), engage other users in discussion and other forms of cooperation within the scope of such Activities, as well as join Activities created by other users. For Activities that you create you will have administrator functions, which will include the ability to make them public or private, invite or block other users and perform other functionalities Please note that Your ability to join Activities created by other users may be restricted by the authors or subject to their approval.
You will also be able to chat privately (in groups within a certain Item) or publicly (in a forum of a given Item, provided it is available for such Item), perform Zoom calls with other users. You may also disable your communication with other users of the Platform that may try to connect with you (e.g. when you are included in a group chat by other users).
The Platform will incorporate a suggestion engine for prompting contacts with users and engagement in Activities based on Your interests, expertise, skills and education, as well as location. The Platform will also provide a smart search engine and potentially other AI capabilities.
Please note that not all of the above-described functionalities will be available at all times. Please also note that some of the functionality may depend on third-party tools and products (e.g. Zoom), and We cannot anyhow guarantee the availability of such tools and products or Your ability to use them and the corresponding functionality at any time..
The Platform is evolving, and HyeConnect reserves the right to update, upgrade, modify or replace the content of the Platform with or without prior notice for any reason, in its sole discretion, including but not limited to these Terms of Use. HyeConnect may also, but not necessarily, give You an additional notice thereof, such as an e-mail message or messaging on the Platform. If You continue to use the Platform (irrespective of Us giving You a designated notice as mentioned above) following the posting of updates, changes or modifications, You thereby explicitly and irrevocably agree to and accept updates, changes or modifications. Except as otherwise stated, all amended terms shall automatically be effective immediately when initially posted. Amendments to the Terms of Use or Privacy Policy will not apply to any dispute of which has arisen prior to the date of the amendment.
If You at any point do not agree to any portion of the current Terms of Use, You must immediately stop using the Platform. You may need to update third party software from time to time in order to be able to access to and/or use the Platform.
In order to register as a user on the Platform, You will need to create a profile. Please note that We reserve the right to refuse Your registration if We, in our sole discretion, believe any of the information You provide is inaccurate, or that your registration or use of the Platform could be contrary to or violate Terms of Use and/or Privacy Policy. We also reserve the right to refuse the creation of an Activity for the same reasons.
In order to register on the Platform, You may need to provide Us with certain personal information. Please consult Our Privacy Policy to get acquainted with the scope of the information to be provided, as well as the processing thereof. Please note that the scope of personal information visible to other users may be managed by You to some extent.
In order to create Activities within the Platform, you may need to provide certain information about Your project, discussion, community, etc., including, scope and other details thereof, potentially personal information about volunteers or partners or sponsors of Your project, discussion, event or community, which may include, without limitation, names, digital photographs, e-mail addresses, contact numbers, biography, detailed data on education and professional experience (including, but not limited to work/project details, scope of work, own contribution), skills and competences, social media links. Please note that it is Your responsibility to ensure that you have the right (based on the consent of those concerned or other legal ground) to provide Us any personal information about third parties.
You have the ability, through the communication (chat) functions of the Platform, to provide any such personal information as You may lawfully transfer and otherwise process. If you choose to do so, such information will become available to all parties of the communication in question and may be monitored by HyeConnect as described in the Privacy Policy.
All the above-mentioned information (all together “Personal Information”) may be processed by Us in cases provided for and in accordance with these Terms of Use (including, particularly, the Privacy Policy). The whole responsibility to ensure that the Personal Information is true, accurate, current and complete lies with You.
Subject to Your acceptance of these Terms of Use, You are granted a non-exclusive, revocable, limited, non-transferable and non-sub-licensable right to access and use the Platform solely for the purposes described herein (“License”). You undertake not to use the Platform for any other purpose.
You acknowledge and agree that Your License does not include the right to perform: (a) alteration, modification, revision, other transformation, creation of derivative works from or otherwise making any derivative uses of the Platform or any information or content therein; (b) decompilation, reverse engineering or otherwise attempting to derive the source code for the Platform (except to the extent applicable laws specifically prohibit restriction of such activities); or (c) any use of the Platform other than for its intended purpose as expressly stated in these Terms of Use.
Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property, proprietary or other rights, whether by estoppel, implication or otherwise.
Any use of the Platform other than as specifically authorized herein, without Our prior written permission, is strictly prohibited and will terminate the License granted herein and may subject You to liability for violations of law.
For the purposes of determining Your compliance with the License and enforcing these Terms of Use, We may: (a) monitor communications conducted through and content posted on the Platform, if we receive a report or otherwise have reasonable grounds to believe it is in violation of these Terms of Use and/or Privacy Policy; (b) suspend and/or delete Your account for any violation of these Terms of Use and/or Privacy Policy; (c) inactivate Your unused account by giving You a prior e-mail warning and delete such account unless You have activated it within the period mentioned in the said e-mail; (d) advertise successful projects/cooperation, including general Activity details; (e) acquire a limited intellectual property license towards the contents placed on the Platform for the purpose of implementing the above-mentioned actions.
You have the right to suspend or terminate Your access to or Your use of the Platform or any part thereof at any time. If You do not agree to these Terms of Use, Your sole and exclusive remedy is not to use the Platform. You understand and agree that stopping your use of the Platform is Your sole and exclusive remedy with respect to any dispute with Us.
While it is our desire to maintain and develop the Platform, We cannot exclude the possibility that might discontinue the Platform at some point in the future. We reserve the right to stop offering and/or supporting the Platform or any part thereof at any time either permanently or temporarily. In such event Your License to use the Platform or a part thereof will be automatically terminated or suspended.
We may also terminate Your access to the Platform with or without notice to You, if We (in our sole discretion) deem that You have violated these Terms of Use or have otherwise caused or may cause damage to Us or any third party.
Your use of and access to the Platform is subject to all applicable national and international laws and regulations, and You agree not to violate such laws and regulations in Your use of and access to the Platform. In addition, You agree that: (a) You will not interfere with another user’s use of the Platform; (b) You will not interfere with or disrupt the Platform security measures; (c) You will not interfere with or disrupt networks connected to the Platform and will comply with all regulations, policies and procedures of such networks; (d) You will comply with applicable laws regarding the transmission of technical data exported and imported to and from different jurisdictions in accordance with these Terms of Use with respect to or relating to any of Your dealings with the Platform; (e) You will not use the Platform to engage in any illegal conduct; (f) When accessing to or using the Platform You shall at all times comply with these Terms of Use.
As a condition of use of the Platform, You promise that: (a) You will not use the Platform in the event You have not reached the age permissible for use of the Platform in Your jurisdiction; (b) You will not use the Platform for any purpose that is in violation with public or moral rights, including, without limitation, (i) deceiving, misleading, abusing, harassing, intimidating any other user; (ii) attempting to restrict other users from using the Platform; (iii) transmitting or causing to be transmitted any content that is deceitful, misleading, defamatory, libelous, hateful, profane; (iv) transmitting or causing to be transmitted any communication intended to obtain password, account, personal information of other users, save for explicit and genuine request to provide personal information at the discretion of such user; (v) uploading or attaching files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another user’s computer; (vi) deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; (vii) falsifying the origin of source of software or other material contained in a file that is uploaded; (viii) downloading any file posted by another user that the user knows, or reasonably should know, cannot be legally distributed in such manner; (c) You will not violate any intellectual property rights of third parties.
HyeConnect reserves the right to delete any material posted to the Platform without notice to the user, in the extreme cases when such material substantially violates this Terms of Use (including the Privacy Policy) or applicable law. At the same time, We accept no responsibility or liability in respect of any of Your conduct in connection with your use of the Platform and/or any material submitted by You on the Platform including, for example, responsibility or liability for the accuracy or reliability of any information, data, opinions, advice or statements made in such material.
You also agree to defend, indemnify and hold harmless Us, as well as our founders, subsidiaries, affiliates, officers, employees and independent contractors from any loss, liability, damages and expenses (including, without limitation, legal fees) resulting from any claim or demand made by any third party arising out of or in connection with Your use of the Platform, Your violation of these Terms of Use, or Your violation of the rights of any third party.
While We are happy to give our users the opportunity to develop and implement joint projects and other Activities and to cooperate, You should keep in mind that users participate in the interactions within the Platform on their own behalf, and You should not attribute any agreement, undertaking or other arrangement or communication with other user to Us. In the event You wish to engage with other users of the Platform in employment, contracting or volunteering, it is solely Your responsibility to negotiate and execute corresponding employment, service, works, volunteering or similar agreements or arrangements with them.
The Platform may include third party promotions from HyeConnect or other third parties.
You acknowledge further that the Platform may include links to other websites or resources which may request you to provide personal identifiable information, billing information or other information, and/or to assume certain obligations. Any charges or obligations You may incur in Your dealings with these third parties are Your responsibility.
We have no control over (and are merely a passive conduit with respect to) any such third-party promotions or links to websites or other resources (“Linked Sites”) that may exist in or on the Platform. You acknowledge and agree that We shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites. All correspondence or business dealings or other interactions with the third party found on or through any promotion or links to Linked Sites, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party.
The video-conference functionality in the Platform is implemented via a third-party platform provided by Zoom (https://zoom.us/). To the extent You use the Zoom functionality via the Platform, such use will be governed not only by these Terms, but also by the applicable terms and policies of Zoom (https://zoom.us/privacy-and-legal), and we recommend that you get familiar with those before using the corresponding functionality.
There may be occasions where the Platform may be interrupted, or any other technical difficulties may occur in connection with Your access to and use of the Platform. You accept that in such cases We shall bear no liability for any suspension, or interruption of the Platform.
YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RESPONSIBILITY, AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF THE PLATFORM OR THE CONTENT OF THE PLATFORM. HYECONNECT, MEMBERS OF ITS STAFF, AND ITS CONTRACTORS, SHALL NOT BE LIABLE FOR ANY FINANCIAL OR OTHER CONSEQUENCES WHATSOEVER ARISING FROM YOUR USE OF THE CONTENT OF OUR PLATFORM, INCLUDING THE INAPPROPRIATE, IMPROPER OR FRAUDULENT USE OF SUCH CONTENT. NO REPRESENTATIONS AND WARRANTIES OF ANY KIND CONCERNING THE PLATFORM ARE GIVEN, INCLUDING RESPONSIBILITY FOR ANY INFECTION BY VIRUS OR ANY OTHER CONTAMINATION OR BY ANYTHING WHICH HAS DESTRUCTIVE PROPERTIES, AND FURTHERMORE, ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE PLATFORM OR THE USE THEREOF ARE WAIVED BY YOU TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HAYCONNECT DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR NOT INTERFERE WITH OTHER FUNCTIONS, FEATURES OR SERVICES ON YOUR DEVICE WITH WHICH YOU ARE ACCESSING THE PLATFORM.
YOU EXPRESSLY AGREE THAT HYECONNECT MAKES NO REPRESENTATION AND GIVES NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY OR TRUTHFULNESS OF ANY INFORMATION PLACED ON THE PLATFORM BY USERS AND CANNOT BE HELD LIABLE IN CONNECTION THERETО.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE LIMITATION OF LIABILITY CONTAINED HEREIN APPLIES TO ANY AND ALL APPLICATIONS OR INJURIES WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE PLATFORM UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). HYECONNECT, INCLUDING ITS SUBSIDIARIES, AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA AS A RESULT OF COMMUNICATION AND COOPERATION THROUGH OUR PLATFORM, EVEN IF ANY OF THOSE PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF HYECONNECT SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The formation, construction and interpretation of these Terms of Use, and Your use of the Platform, shall be governed by the law of the Republic of Armenia, giving no effect to the choice of law provisions.
Any dispute relating to these Terms of Use shall be subject to the review and final settlement by the courts of Republic of Armenia.
If You violate these Terms of Use or if You engage in such a conduct that We, in Our sole discretion, believe is а violation of any applicable law or is harmful to the interests of HyeConnect or any third party, We may issue You a warning about the violation, or We may choose to immediately suspend or terminate Your access to or Your use of the Platform or any part thereof. You acknowledge that We are not required to provide You notice before terminating or suspending Your access to or use of the Platform, but it may choose to do so.
If any provision of these Terms of Use is held to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute Your entire agreement with Us with respect to their subject matter and supersede any other previous written terms and any oral or promotional statements regarding such subject matter. Any waiver of enforcement of any provision of these Terms of Use or any breach thereof, in any one instance, shall not constitute a waiver of such term or condition or any subsequent breach thereof. If any dispute arises under these Terms of Use, the prevailing party shall be reimbursed by the other party for any and all legal fees.
If You have any questions about these Terms of Use, please feel free to contact Us online as specified within the Platform or by e-mail at [email protected] and phone: +37441201921.