Welcome to the Tyootr Marketplace! The Tyootr Marketplace is an online marketplace for cloud and downloadable learning content, videos, services offered by freelancers and organizations (“Tyootr Marketplace” or “Marketplace” or “Resources”) that are designed to interoperate with Tyootr’s software and cloud offerings (“Tyootr Products”).
2.1. Order Details. Your Order will identify the Vendor, your authorized scope of use of the resource (such as the course and access days, or delivery time) and license or payment term, as applicable. Once you complete your Order, Tyootr will provide you with access to the applicable resource, including any relevant license or access keys, as described in the Marketplace Policies.
2.3. Return Policy. Returns and refunds of Tyootr Apps are governed by the Tyootr Terms, as defined in Section 3.1(b). For Third Party Apps, you have thirty (7) days from the date you place your Order to cancel your Order and return the resource. If you cancel your Order of a Third Party App within this 7-day period, Tyootr will refund the amount you paid for the applicable Third Party resource, and you must cease using the App and delete any copies of the resource in your possession. Except as expressly provided in this Section 2.3, all Orders are non-cancelable and non-refundable.
Note: this Section 2.3 does not apply to Paid-via-Vendor resource (see Section 2.5 below).
2.4. Trial Periods. The Tyootr Marketplace may offer free trial periods for resources. After expiration of the trial period, if you do not place an Order for the App, the resource will cease to function and you must cease using and delete your copies of the App and any related license or access keys.
2.5. Paid-via-Vendor resources. While most Apps are provisioned by Tyootr as described in Section 1, some Third Party resources may be enabled or paid for through a third party Vendor’s own website (“Paid-via-Vendor resource”). Paid-via-Vendor resource will be identified in their listings or when you enable or pay for the resource. Section 2.2 (Paid resource) and Section 2.3 (Return Policy) do not apply to Paid-via-Vendor resource and returns, if any, would be governed by the applicable Vendor Terms.
(a) Third Party Resource. Third Party Resources are subject to the third party’s Vendor Terms, not the Tyootr Terms. By ordering, installing or enabling any Third Party Resource, you are entering into the Vendor Terms directly with the applicable third party Vendor. Tyootr is not a party to, or responsible for compliance with, any third party Vendor Terms, and does not guarantee any third party Vendor Terms are adequate for your own needs. Please see Section 4 (Data Collection and Sharing) for additional information about how third party Vendors use your data.
3.2. Support and Maintenance. Any support and maintenance of Third Party Resource will be provided by the applicable Vendor and only to the extent described in the applicable Vendor Terms. Tyootr is not responsible for any support and maintenance for Third Party Resource, and a Vendor’s failure to provide any support or maintenance does not entitle you to any refund. If Tyootr is the Vendor, it will provide any support and maintenance in accordance with the Tyootr Terms.
4.1. Order Information. If you order a Marketplace Resource through Tyootr, Tyootr will provide the Vendor with the information you provide in completing the order, such as order value, payment date and order description for content/ courses and no personal data is shared (your company name, learner data including e-mail address). However, for freelance hires and accreditations Tyootr will provide the vendor your name, company name (if any), addresses (including e-mail address) and phone number.
4.2. Third Party Vendor Use of Data. As referenced in the Tyootr Terms, if you place an Order for Third Party Resources, you authorize Vendors to access or use certain data in the applicable Tyootr Products. This may include transmitting, transferring, modifying or deleting such data, or storing such data on Vendor or third party systems. Any third party Vendor’s use of accessed data (whether data in the Tyootr Products or separately collected from you or your device) is subject to the applicable Vendor Terms. Tyootr is not responsible for any access, use, transfer or security of data or information by third party Vendors or by Third Party resources, or for the security or privacy practices of any third party Vendor, Third Party resources or their processors. You are solely responsible for your decision to permit any third party Vendor or Third Party resource to access or use data to which you’ve granted access. It is your responsibility to carefully review the Vendor Terms, as provided by the applicable third party Vendor.
4.4. Analytics and Usage Data. In addition, you authorize the Vendor and Tyootr (if Tyootr is not the Vendor) to collect and use technical data and related information (including technical information relating to your device, system, and the App), in non-personally identifiable form, to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the resource. Vendor and Tyootr (if Tyootr is not the Vendor) may each use this information, as long as it is in a form that does not personally identify individual users, to improve their respective products or to provide services or technology to you (including with respect to Tyootr, the Tyootr Marketplace and Tyootr Products).
The Tyootr Marketplace allows users to post reviews (e.g., a star rating) of Marketplace resources and to post comments on your or other users’ reviews.
5.1. User Names Displayed. Reviews and comments are posted under the name and profile of the user submitting the content (as listed in his or her Tyootr account). Users who do not want their names or other profile information (such as profile photographs) to appear may not post reviews or comments on the Tyootr Marketplace.
5.2. Rules for Reviews. All reviews and comments must comply with Tyootr’s Acceptable Use Policy and the terms below. To make your reviews and comments useful to others:
5.3. Tyootr Rights. Tyootr reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Tyootr Marketplace. Tyootr does not claim ownership of the content of reviews or comments you post on the Tyootr Marketplace. However, you hereby grant Tyootr a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicenseable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
6.2 Compliance with Law and Reservation of Rights. You must use the Tyootr Marketplace and Marketplace resources in compliance with all applicable laws.
8.2. Removal of Resources. At any time, Tyootr may remove a resource from the Tyootr Marketplace in accordance with its applicable policies, and Vendors may also update, modify or remove their own resource at any time. This will affect any future purchase and licenses or access which are valid will continue to function.
8.3. Interoperability. Tyootr makes no guarantee that any resource will work properly with Tyootr Products or that resource will continue to work with Tyootr Products as they change over time. Some resources rely on hosted or cloud services provided by the Vendor or third parties, and these resources may not function properly or may become inoperable if those services are discontinued.
8.4. Disclaimer of Warranties. To the maximum extent permitted by law, Tyootr offers the Tyootr Marketplace and all Third Party resources “AS IS” and “AS AVAILABLE”, and Tyootr hereby disclaims all warranties, whether express, implied or statutory, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to the Tyootr Marketplace or this Agreement. You may have other statutory rights, in which case the duration of any statutory warranties will be limited to the maximum extent permitted by law.
8.6. Disclaimers and Limitations of Liability for Tyootr resources. Section 8.4 (Disclaimer of Warranties) and 8.5 (Limitations of Liability) do not alter the disclaimers or limitations of liability for Tyootr resources in the Tyootr Terms, which continue to fully apply.
10.2. Reporting Copyright and Trademark Violations. If you believe that any content in the Tyootr Marketplace violates your copyright, please follow the process described at Reporting Copyright and Trademark Violations.
10.8. Export Laws and Regulations. You may not use or otherwise export or re-export the Marketplace resources except as authorized by United States law and the laws of the jurisdiction in which the resources were obtained. In particular, but without limitation, resources may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S Treasury Department’s list of Specially Designated Nationals and Consolidated Sanctions list or the U.S. Department of Commerce’s Denied Persons, Entity, or Unverified Lists. By using any Marketplace resource, you represent and warrant that you are not located in any such country or on any such list. You agree not to use or provide the resources for any prohibited end use, including to support any nuclear, chemical, or biological weapons proliferation, or missile technology, without the prior permission of the United States government.