TERMS AND CONDITIONS OF USE AGREEMENT
STUDYCHOICES.com ( the“Site”)
Effective Date: January 1, 2017
Please read the following Terms and Conditions of Use Agreement (the “Agreement”) carefully before using our Site and Services (StudyChoices Pte Ltd or We/we or Our/our or Us/us). The following Agreement governs your use of the Site. We may, from time to time, also have other terms or Agreements that will be presented to you when you are using the Study Choices Service (such as but not limited to age restrictions to the extent permissible by law); and when this occurs, those terms will form part of our Agreement.
Throughout this document, the following terms have the following meaning:
a) “Agreement” mean these terms and any other terms or polcies presented to ‘you’ by ‘us’;
b) “StudyChoices” means StudyChoices Pte Ltd, and the terms “Company” , ‘our’, ‘we’ and ‘us’ used throughout this document refers to StudyChoices and the ‘StudyChoices Service’ it provides;
c) “Our Site” means the Site(s)studychoices.com;
d) “User” refers to any person who has access to the StudyChoices Service either as a guest or through a registered account and login and the terms ‘you’, ‘your’ are used throughout this document to refer to the User;
e) The “StudyChoices Service” refers to the service being provided by StudyChoices through various methods which include our Sites, applications and any other lawful and unlawful access of the StudyChoices Services through any interface we may develop.
Eligibility and Registration
To be eligible for registration and use of the Services you must:
• be at least fourteen (14) years of age;
• create a login or be logged in via Facebook, Google+, LinkedIn or WeChat;
• only use the Services for their intended purpose; and
use Services legally pursuant to your state or country
Our Content and Intellectual Property
All content on the StudyChoices Service that we create or produce is subject to copyright under the Copyright Act 1968 (Cth) and is solely owned by StudyChoices and its affiliate businesses and/or companies. This content includes, but is not limited to, our text, information, graphics and videos.
An exception applies for personal use as you may copy, display, download, print and reproduce this material in unaltered form for your own personal or educational purposes.
Any use of any material on the StudyChoices Service for your commercial purposes is expressly unauthorised and prohibited. This restriction does not extend to copyright in the materials on the StudyChoices Service that are owned by others but accessible on the StudyChoices Service by way of hyperlink or reference or other means.
Apart from any use permitted under the Copyright Act 1968 (Cth), no part of any material on the StudyChoices Service may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form or by any process, nor may any other exclusive right be exercised, without the specific written permission of StudyChoices. To obtain such permission please contact Info@studychoices.com. Nothing that you do on the StudyChoices Service will transfer or assign to you any of the copyright in our content on the StudyChoices Service.
Any Branding, trademarks, service marks and/or logos used on the StudyChoices Service unless expressly stated otherwise, are owned by StudyChoices and its affiliate companies and we reserve our right to register and protect such trade mark in various jurisdictions (unless already done so).
By submitting, posting or displaying your review or any other content (“Content”) on the Site, you grant us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such Content. This license continues even if you stop using our Site. Make sure you have the necessary rights to grant us this license for any Content that you submit to our Site.
You agree that this license includes the right for StudyChoices to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use.
When you create an account with StudyChoices, you warrant that in regards to the content you submit through your profile that this content will not expose StudyChoices to any civil or criminal liability in this regard;
a) by posting any User Content to the StudyChoices Site, the User agrees to indemnify StudyChoices (including, but not limited to, their employees and officers) from any loss suffered by them as a result of any lawful use of or reliance on such User Content;
b) StudyChoices has no responsibility and/or liability for the deletion and/or failure to store any User Content, communications or other content maintained or transmitted on the Site;
c) StudyChoices has the right to log off accounts that are inactive for an extended period of time (as determined by StudyChoices in their sole discretion);
and you agree to indemnify StudyChoices for any breach of the above warranties.
Intellectual property of third parties
Branding, trademarks, service marks and logos used in the StudyChoicesServices may belong to third parties. These Terms do not grant you the right to use them. Using the StudyChoicesServices does not give you ownership of any intellectual property rights in the StudyChoicesServices or the content that you access that belongs to third parties.
If you think that a user on StudyChoicesis violating your copyright and want to notify us, please send an email to us at email@example.com
Educational Institution and University generated content through the Site
Suppliers of content from the Educational sector is not monitored and/or approved by The Company. The Company cannot take responsibility for content provided in terms of i) accuracy (ii) which may cause injury to any person or entity; (iii) being unlawful, threatening, abusive, bigoted, defamatory, obscene, offensive, profane, or sexually explicit; (iv) constitutes or encourages conduct that violates any local, state, national or international law; (v) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; or (vi) constitutes or contains false or misleading indications of origin or statements of fact.
Intellectual property Complaints
The Company respects the intellectual property of others. If you believe your work has been copied in a way that constitutes an infringement or are otherwise aware of any infringing material on the Site, please contact the Company at the address(es) listed in Section 13 below.
Members Areas of Site
The Company offers different levels of membership, and different privileges commensurate with same. Access to the Site and use of certain features of the Site is free. However, the Company may charge fees or otherwise restrict access to certain areas and premium features of the Site for the benefit of its members. By using the Site, such members acknowledge that
Communications with Third Parties Through The Site
Your dealings or communications through the Site with any party other than the Company are solely between you and that third party. For example, certain areas of the Site may allow you to be contacted by third parties (e.g., through University enquiries or applications). Under no circumstances will the Company be liablefor any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials and/or services provided by third parties should be forwarded directly to the third party, not the Company.
During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. The Company is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
The Subscription fees are monthly or once off and accepted in USD via PayPal. We accept all currencies via these payment methods. There is no free trial period currently offered outside this Subscription.
Third Party Commissions and Full Disclosure
This Website may contain links to sites operated by parties other than StudyChoices. Such links and activities may lead to third party commissions being paid to StudyChoices. Levels of commissions may vary due to but not limited to products, volume and advertising. These commissions received are not rebated and we do not rebate or pass on commissions directly to you or other Users or guests. We may have a financial interest in the outcome or success of products offered or made available to you via the Website, or that are otherwise offered or made available to you by or on behalf of us. StudyChoices believe in transparency and full disclosure. If you believe you need further information please contact firstname.lastname@example.org.
Generally Prohibited Uses
Without limiting the other provisions of this Agreement in any way, you agree to not use the Siteto:
a. upload, post, email, transmit or otherwise make available any Postings that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwiseobjectionable;
b. harm minors in anyway;
c. impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings transmitted through theSite;
e. upload, post, email, transmit or otherwise make available any Postings that you do not havea right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosureagreements);
f. upload, post, email, transmit or otherwise make available any Postings that infringe anypatent, trademark, trade secret, copyright or other proprietary rights of anyparty;
g. 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 ofsolicitation;
h. 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 telecommunicationsequipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of theSite are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real timeexchanges;
j. interfere with or disrupt the Site or servers or networks connected to the Site, or disobeyany requirements, procedures, policies or regulations of networks connected to theSite;
k. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force oflaw;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to the Immigration and NationalityAct;
m. "stalk" or otherwise harass another;and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through mabove.
You acknowledge, consent and agree that the Company may access, preserve and disclose your account information and/or Postings if required to do so by law, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of your Postings violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company, Site users and the public.
General Disclaimer and Limitation of Liability
While the Company uses commercially reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content or contained on or within the Site. The Company does not represent or warrant that use of any Content will not inadvertently infringe rights of third parties. The Companyhas no responsibility for actions of third parties or for content provided or posted byothers.
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE COMPANY NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE PAST, PRESENT OR FUTURE EMPLOYEES, OFFICERS, AGENTS OR LICENSORS OF ANY OF THEM (COLLECTIVELY, THE “RELEASED PARTIES”), MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY ANY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
THE COMPANY RESERVES THE RIGHT TO ALTER THE CONTENT OF THE SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT IN EXCESS OF ONE HUNDRED DOLLARS ($100.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF THE RELEASED PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEDPARTIES HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE; (2) THE COMPANY’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IFNOTPOSTEDBYYOU;AND,(4)ANYVIOLATIONOFTHISAGREEMENTBYYOU.
The Company reserves the right to change this Agreement at any time in its sole discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes.
The Company may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. The Company may deny access to any person or user at any time for any reason. In addition, The Company may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company or any of its assets.
If you have a problem or complaint about StudyChoices or its users, you may contact us by emailing email@example.com.
When we need to contact you for important or administrative issues, we will use your email address. If Users have any queries, suggestions or comments or believe any content on the StudyChoices Service is incorrect they can be directed privately to the administrator at firstname.lastname@example.org.
Copyright © 2017. StudyChoices.com. All Rights Reserved.