Terms of Use
1. Acceptance of Terms of Use and Amendments.
Each
time you use or cause access to this web site, you agree to be bound by these
Terms of Use, and as amended from time to time with or without notice to you.
In addition, if you are using a particular service on or through this web site,
you will be subject to any rules or guidelines applicable to those services and
they shall be incorporated by reference into these Terms of Use. Please see our
Privacy Policy,
which is incorporated into these Terms of Use by reference.
2. Our Service.
Our web
site and services provided to you on and through our web site on an "AS
IS" basis. You agree that the owners of this web site exclusively reserve
the right and may, at any time and without notice and any liability to you,
modify or discontinue this web site and its services or delete the data you
provide, whether temporarily or permanently. We shall have no responsibility or
liability for the timeliness, deletion, failure to store, inaccuracy, or
improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order
to fully use this web site, you must be a registered student and agree to
provide truthful information when requested, and be at least the age of
thirteen (13) or older complying with COPPA. When using our site, you
explicitly agree to our current Terms of Use.
4. Privacy Policy.
Any Registration
data and other personally identifiable information that we may collect is
subject to the terms of our Privacy Policy.
5. Registration and Password.
You are
responsible to maintain the confidentiality of any password issued to you and
shall be responsible for all uses via your registration or login, whether
authorized or unauthorized by you. You agree to immediately notify us of any
unauthorized use or your registration, user account or password.
6. Your Conduct.
You
agree that all information or data of any kind, whether text, software, code,
music or sound, photographs or graphics, video or other materials
("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose user
account is used. We shall not be responsible to you in any way for the Content
that appears on this web site or its respective links nor for any error or
omission.
You
explicitly agree, in using this web site or any service provided, that you
shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing, stalking, tortious, defamatory,
libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to
or does interfere or interrupt this web site or any service provided, infected
with a virus or other destructive or deleterious programming routine, give rise
to civil or criminal liability, or which may violate an applicable local,
national or international law;
(b) impersonate or misrepresent your association with any person or entity, or
forge or otherwise seek to conceal or misrepresent the origin of any Content
provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any commercial
manner or in any manner that would involve junk mail, spam, spim, chain
letters, pyramid schemes, or any other form of unauthorized advertising without
our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability
or which may constitute or be considered a violation of any local, national or
international law, including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
7. Submission of Content on this Web Site.
By
providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other necessary
rights) to use, display, reproduce, modify, adapt, publish, distribute,
perform, promote, archive, translate, and to create derivative works and
compilations, in whole or in part. Such license will apply with respect to any
form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other rights
that may be necessary to grant us with the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or to remove or block
access to any Content you provide at any time and for any reason, with or
without notice.
8. Third Party Services.
Goods
and services of third parties may be advertised or made available on links
through this web site. Representations made regarding products and services
provided by third parties are governed by the policies and representations made
by these third parties. We shall not be liable for or responsible in any manner
for any of your dealings or interaction with third parties.
9. Indemnification.
You
agree to indemnify and hold us harmless, our subsidiaries, affiliates, related
parties, officers, directors, employees, agents, independent contractors,
advertisers, partners, and co-branders from any claim or demand, including
reasonable attorney's fees, that may be made by any third party, that is due to
or arising out of your conduct or connection with this web site or service, your
provision of Content, your violation of this Terms of Use or any other
violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU
UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT
PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT
YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
WE MAKE NO
WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF
ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY
OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY
KIND.
Some
jurisdictions may not allow disclaimers of implied warranties and the above
disclaimer may not apply to you only as it relates to implied warranties.
11. LIMITATION OF LIABILITY.
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO
USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES
RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING
TO THE SERVICE.
In some
jurisdictions, it is not permitted to limit liability and therefore such
limitations may not apply to you.
12. Reservation of Rights.
We reserve
all of our rights, including but not limited to any and all copyrights,
trademarks, patents, trade secrets, and any other proprietary right that we may
have in our web site, its content, and the goods and services that may be
provided. The use of our rights and property requires our prior written
consent. We are not providing you with any implied or express licenses or
rights by making services available to you and you will have no rights to make
any commercial uses of our web site or service without our prior written
consent. We reserve the right to delete any page at any time for
any reason or no reason at all.
13. Notification of Copyright Infringement.
If you
believe that your property has been used in any way that would be considered
copyright infringement or a violation of your intellectual property rights,
contact our webmaster at: the following Click to contact our webmaster
14. Applicable Law.
You
agree that this Terms of Use and any dispute arising out of your use of this
web site or services shall be governed by and construed in accordance with
local laws where the headquarters of the owner of this web site is located,
without regard to its conflict of law provisions. By registering or using this
web site and service you consent and submit to the exclusive jurisdiction and
venue of the county or city where the headquarters of the owner of this web
site is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts
with any law under which any provision may be held invalid by a court with
jurisdiction over the parties, such provision will be interpreted to reflect
the original intentions of the parties in accordance with applicable law, and
the remainder of this Terms of Use will remain valid and intact; (ii) The
failure of either party to assert any right under this Terms of Use shall not
be considered a waiver of any that party's right and that right will remain in
full force and effect; (iii) You agree that without regard to any statue or
contrary law that any claim or cause arising out of this web site or its
services must be filed within one (1) year after such claim or cause arose or
the claim shall be forever barred; (iv) We may assign our rights and
obligations under this Terms of Use and we shall be relieved of any further
obligation.