Date of Last Revision: April 9, 2014
ScholarGeek may modify these Terms from time to time and such modifications shall be effective upon posting on the Site. You agree to be bound by any changes to these Terms when you use the ScholarGeek Services and/or the Site after any such modification is posted. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes. Notice of changes will appear as indicated at the top of this page in accordance with the posted “Date of last revision.” Your failure to follow these Terms, may result in suspension or termination of your access to the Site and the Scholargeek Services, without notice, in addition to our other remedies. ScholarGeek reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the ScholarGeek Services at any time, for any reason, with or without prior notice, and without liability.
TABLE OF CONTENTS
- Proprietary Rights
- User Content
- Registration Information
- Consent to Electronic Communications and Email Solicitation
- Reporting Infringement
- ScholarGeek Limits Its Liability
- Disclaimer of Warranties
- Limitations of Liability
- Activities Involving Third Parties and Links to Other Sites
- No Resale or Unauthorized Commercial Use
- Indemnity and Assumption of Risk
- Legal Disputes/BINDING ARBITRATION
- Term and Termination
- Contacting ScholarGeek
You must be 13 years of age or older to register as a member of the ScholarGeek Services. The ScholarGeek Services are reserved for: (a) high school students, prospective students and those seeking higher education; (b) as well as accredited colleges, universities; (c) approved educational organizations (including secondary and higher educational institutions and the armed forces; (d) nonprofit organizations whose purposes advance the mission of ScholarGeek, add value to the admission and/or recruitment process, and increase the educational opportunities of the users of Scholargeek Services (each of the persons and/or entities listed in this paragraph shall be referred to hereunder as an "Eligble User").
Intellectual Property Rights
Unless otherwise specified, all software, design, logos' icons, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements appearing within the Site (collectively, "Content") are the sole property of ScholarGeek and its licensors. You may only use the Content for your own personal use. You agree not to view, copy, or procure Content by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless formally authorized by ScholarGeek under separate written agreement. No Content may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without ScholarGeek's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the Content may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.
"Scholargeek", "Uni-Finder" and all related logos (collectively, "Scholargeek Trademarks") constitute our trademarks or service marks. Other company, product, and service names and logos used and displayed on the Site may be trademarks or service marks owned by us or others. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. The use of any of the Scholargeek Trademarks as part of a link to or from any site is prohibited unless we provide advance written approval. Any questions concerning any Scholargeek Trademarks, or whether any mark or logo is a Scholargeek Trademark, should be referred to us.
When you submit, post, upload, embed, display, communicate, link to, email or otherwise distribute or publish (collectively, "Submit") any material ("User Content") to the Site and/or to Scholargeek servers, you grant ScholarGeek and our licensees, distributors, agents, representatives and other entities or individuals authorized by ScholarGeek, a non-exclusive, worldwide, perpetual, unlimited, irrevocable, royalty-free, fully sub-licensable (through multiple tiers) and fully transferable right to exercise any and all copyright, trademark, publicity, and database rights you have in the User Content, in any media known now or in the future, and to make, use, reproduce, copy, display, publish, exhibit, distribute, modify, create derivative works based upon and otherwise use the User Content. ScholarGeek is not required to host, display, or distribute, and may remove at any time, any User Content. You represent and warrant that (i) you own the User Content Submitted by you on, through or in connection with the ScholarGeek Services and/or the Site, or otherwise have the right to grant the license set forth in this section, and (ii) Submitting and/or posting of your User Content on, through or in connection with the ScholarGeek Services and/or linked services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We may, but are not obligated to, review User Content prior to posting it on or distributing it through the ScholarGeek Services, or allowing them to be distributed through the ScholarGeek Service. This includes private messages exchanged by you and other users through the ScholarGeek Services. We reserve the right to prohibit any User Content from being distributed and we may remove User Content from the ScholarGeek Service at any time for any reason without prior notice.
ScholarGeek may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for ScholarGeek or may cause ScholarGeek to lose (in whole or in part) the services of its ISPs or other suppliers.
ScholarGeek does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by users. Any reliance on material posted by other users will be at your own risk. ScholarGeek does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and ScholarGeek expressly disclaims any and all liability in connection with User Content. ScholarGeek does not permit copyright infringing activities and infringement of intellectual property rights on the Site.
You are solely responsible for the User Content you submit, through or in connection with the ScholarGeek Services, and any material or information that you transmit to other users and for your interactions with other users. The following are examples of the kind of User Content that may not be posted on the ScholarGeek Services, and the types of activities that are not permitted through the ScholarGeek Services. In addition to removing such prohibited materials, ScholarGeek may terminate the responsible accounts, and/or report such activities to law enforcement authorities as appropriate.
Prohibited User Content includes,
but is not limited to, material that ScholarGeek determines:
- is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to a website that contains nudity, violence, or offensive subject matter;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that Scholargeek believes is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files; • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without prior written consent from ScholarGeek such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person's consent;
- violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
- May harm Scholargeek business.
We appreciate hearing from our users and welcome your comments regarding the ScholarGeek Services. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of ScholarGeek. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. ScholarGeek shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information to our copyright agent:
(i) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable us to locate the material;
(iv) Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We shall perform a reasonable inquiry of such complain, and may take, according to our sole discretion, any measures we may find fit. However, we are not committed to take any action and by no means assume any liability and/or responsibility over such alleged infringement.
If you knowingly misrepresent that material is or is not infringing, you may be subject to civil penalties. These include monetary damages, court costs, and attorneys' fees incurred by Scholargeek, by any copyright owner, or by any copyright owner's licensee that is injured as a result of reliance upon your misrepresentation. You may also be subject to criminal prosecution for perjury. You agree we may provide your notice to the provider of the allegedly infringing material. We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.
Rules of Usage
Unless otherwise specified, the Site is intended for your personal use only. You may not authorize others to use the Site, and you are responsible for all use of the Site by you and by those you allow to use, or provide access to the Site. You may not impersonate, imitate or pretend to be somebody else when using the Site.
You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
You may not:
• provide to or post on or through the Site any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, offers to use competitive sites and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
• use any obscene, indecent, or offensive language or provide to or post on or through the Site any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the Site.
• use any sexually explicit language or to provide to or post on or through the Site any graphics, text, photographs, images, video, audio or other material that is sexually explicit. • provide to or post on or through the Site any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking).
• make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site.
• disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site. • attempt to gain access to Scholargeek's servers by any means other than connecting to Scholargeek's servers by http requests using a Web browser,- including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site or otherwise.
• use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.
• use any robot, spider or other automatic device, process or means to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• take any criminal or tortious activity including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking or sending of viruses or other harmful files.
• circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the ScholarGeek Services. • Take any activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network.
• collect email addresses or other contact information of users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
• use ScholarGeek services in a manner inconsistent with any applicable law.
MOBILE TERMS AND CONDITIONS
Without derogating of any provision of these Terms, the following terms and conditions shall apply to your use of any mobile device related services offered as part of the Scholargeek Services ("Mobile Services"). Your use of any aspect of the Mobile Services will constitute your agreement to comply with these terms and conditions.
You agree that the cell phone number you provided is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Mobile Services available. You shall provide all equipment and software necessary to connect to the Mobile Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Scholargeek Services.
We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator.
You are responsible for maintaining the confidentiality of your ScholarGeek Account Information and passwords. You shall be responsible for all uses of your registrations and passwords, whether or not authorized by you. You agree to immediately notify ScholarGeek of any unauthorized use of your ScholarGeek Account or passwords. You agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy. You agree you will not sell, transfer or assign your membership or any membership rights.
If you cancel your ScholarGeek account or your account is terminated, your ScholarGeek Account Information will be removed from the ScholarGeek Services, but will be maintained in our database. However, if you remove your profile from the ScholarGeek Services, colleges, universities and third parties who have gained access to the data previously may have already saved a copy of your ScholarGeek Profile. ScholarGeek is not responsible for the retention, use of, or privacy of ScholarGeek Profiles in this situation. Likewise, public posts made by you on the ScholarGeek Services may remain on the ScholarGeek Services in perpetuity.
After entering college or university, student users can continue to log in and update both their profile and personal URL to maintain eligibility for scholarships, showcase themselves to future employers, or others with whom they need to show resumes.
Any ScholarGeek Profile you submit must describe you, an individual person. Examples of inappropriate and prohibited ScholarGeek Profiles include, but are not limited to, ScholarGeek Profiles that purport to represent an animal, place, inanimate object, group, organization, fictional character, or real individual that is not you. We may provide you tools to limit some of the information available to the public in your ScholarGeek Profile.
Your ScholarGeek Profile does not take the place of any college, university or other educational institution entrance application. It does not guarantee the admittance into college, university or educational institution and ScholarGeek does not make any guarantees, representations or promises that such will assist you in getting admitted into college, university or educational institution. ScholarGeek users are the sole creators of their profiles and ScholarGeek does not independently verify the information provided by users or the identity of users.
Consent to Electronic Communications and Email Solicitation.
ScholarGeek Limits Its Liability
The ScholarGeek Services are a venue for universities and colleges to recruit and for students to post public profiles/resumes. ScholarGeek is not liable for the accuracy of information posted by users on the ScholarGeek Services. Parts of your profile will be automatically available to search engines and the public unless you choose to change your profile settings, and therefore, such information may be viewed by anyone. In the event that you have a dispute with one or more users, you release ScholarGeek (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The ScholarGeek Services may contain inaccuracies or typographical errors. ScholarGeek makes no representations about the accuracy, reliability, completeness, or timeliness of the ScholarGeek Services or any content therein. The use of the ScholarGeek Services and any content therein is at your own risk. Changes are periodically made to the ScholarGeek Services and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any profile information or material contained therein placed by you on the ScholarGeek Services.
Disclaimer of Warranties
THE SCHOLARGEEK SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SCHOLARGEEK SPECIFICALLY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF MERCHANTABILITY AND OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SCHOLARGEEK SPECIFICALLY DOES NOT WARRANT THAT THE SCHOLARGEEK SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SCHOLARGEEK SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES THEM AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCHOLARGEEK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT OF ITS PRODUCTS, WEBSITES OR SERVICE, OR REGARDING THE RESULTS OF THE USE OF THE SCHOLARGEEK SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. ScholarGeek is not responsible for the User Content, accuracy or opinions expressed in user content posted or provided by third parties on ScholarGeek Services or linked services, and such ScholarGeek Services and linked services are not necessarily investigated, monitored or checked for accuracy or completeness by ScholarGeek. Inclusion of any linked web site or service on the ScholarGeek Services does not imply approval or endorsement of the linked website or service by ScholarGeek. Posts and linked services created and posted by users on, though or in connection with ScholarGeek Services may contain links to other websites or services. ScholarGeek takes no responsibility for third party advertisements or linked services that are posted on, through or in connection with ScholarGeek Services or linked services, nor does it take any responsibility for the goods or services provided by these third parties.
Without limiting any of the other disclaimers of warranty set forth in these Terms, ScholarGeek does not provide or make any representation as to the quality or nature of any of the third party products or services made available through the ScholarGeek Services, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.
Limitations of Liability
Activities Involving Third Parties and Links to Other Sites
Functionality on the ScholarGeek Services may also permit interactions between the ScholarGeek Services and a third party web site or online feature, including applications that connect the ScholarGeek Services or your profile on the ScholarGeek Services with a third party site or feature. For example, the ScholarGeek Services may include a button enabling you to indicate, on your social networking pages, that you “like” a specific product on the ScholarGeek Services, or a feature that lets you post to your social networking pages a link to a specific ScholarGeek Services product or the ability to share content from the ScholarGeek Services or your User Content with a third party, which may be publicly posted on that third party’s web site. Using this functionality typically requires you to login to your account on the third party site and you do so at your own risk. We do not control any of these third party sites or any of their content. Accordingly, you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or online features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE SCHOLARGEEK SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Indemnity and Assumption of Risk
You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, agree to indemnify and hold harmless ScholarGeek, its affiliates, and their respective officers, directors, employees, officials and agents, from and against any claims, actions, losses, liabilities or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to any ScholarGeek Service, (ii) your use of any content available on the ScholarGeek Services, (iii) any injury, disability or death you may suffer, or loss or damage to person or property to the fullest extent permitted by law, that occur during the creation, disclosure or use of any User Content; or (iv) your breach or alleged breach of these Terms. ScholarGeek shall provide notice to you promptly of any such claim, suit, or proceeding. ScholarGeek reserves the right to control the defense and settlement of any claim. In any event, you will not settle any claim without the prior written consent of ScholarGeek.
Access to content within the ScholarGeek Services may not be legal by certain persons or in certain countries. You are responsible for compliance with the laws of your jurisdiction. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
These Terms, the Scholargeek Services, the use of the Site and any related matter to any of the aforementioned shall be governed and construed exclusively by and in accordance with the laws of Israel.
The exclusive jurisdiction over any dispute or other matter related to these Terms, the Scholargeek Services, the use of the Site and any related matter to the aforementioned must be brought exclusively to the competent court in the Center District of Israel.
ScholarGeek may enter into separate contracts with educational institutions and third parties. To the extent that employees of such educational institutions and third parties are using ScholarGeek relating to that contractual relationship, and the contract differs in any material respect from these Terms, the terms of the contract will control.
Term and Termination
These Terms will remain in full force and effect from the date you first used the ScholarGeek Services and/or the Site and shall remain in force perpetually.
If any provision of these Terms is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of ScholarGeek to exercise or enforce any right or provision of these terms is not a waiver of such right or provision. The section titles of these Terms are for convenience only and have no legal or contractual effect. Non-performance of either party, except for the failure to make required payments, will be excused to the extent performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party.
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