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Terms of Service for StudyMate.com 1. Your Acceptance A. StudyMate is a product and service of Respondus, Inc ("Respondus"). By using or visiting the StudyMate website or using any Respondus product, software, or service provided to you on, from, or through the StudyMate website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) Respondus' Privacy Policy, found at https://respondus.com/privacy and incorporated herein by reference. If you do not agree to any of these terms or the Respondus Privacy Policy, please do not use the Service. B. The Service, including without limitation all content available there and these Terms of Service, may be changed at the sole discretion of Respondus and without notice. You agree to be bound by such modifications or revisions, including but not limited to those affecting these Terms of Service. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review these Terms of Service. 2. Service A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, graphics, photos, sounds, video, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of StudyMate, including but not limited to all products, software and services offered via the StudyMate website. B. The Service may contain links to third-party websites that are not owned or controlled by Respondus. Respondus has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Respondus will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Respondus from any and all liability arising from your use of any third-party website. C. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit. 3. StudyMate Accounts A. To access some features of the Service, you will have to create a StudyMate Account. You may never use another's account without permission. When creating your account, you must provide truthful, accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Respondus immediately of any breach of security or unauthorized use of your account. B. Although Respondus will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Respondus or others due to such unauthorized use. C. Respondus may from time to time set storage limits for your data, limit the uploading of media files, limit the number of projects you create or follow in the Service, or take any other measures it considers appropriate to manage the Service. Respondus may also from time to time change its policies on offering commercial content or displaying advertising, and may do this without notice. 4. General Use of the Service - Permissions and Restrictions Respondus hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: A. You agree not to distribute in any medium any part of the Service or the Content without Respondus' prior written authorization, unless Respondus makes available the means for such distribution through functionality offered by the Service. B. You agree not to access Content through any technology or means other than the StudyMate web pages or other explicitly authorized means Respondus may designate. C. You agree not to alter or modify any part of the Service. If you use an embed function provided by Respondus to place StudyMate activities on your website, you may not modify, build upon, or block any functionality or portion thereof, including but not limited to links back to the StudyMate website. D. You agree not to use the Service for any commercial purpose unless you obtain Respondus' prior written approval or a separate license, including but not limited to the following:
  • the sale of access to the Service;
  • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
  • the placement of advertisements or promotions on or within the Service or Content, or the inclusion of web links to external websites within Content for the purpose of promotion or commercial use;
  • a website that mostly aggregates a number of StudyMate activities and intentionally tries to generate ad revenue or sales from them.
E. Prohibited commercial uses do not include any use that Respondus expressly authorizes in writing. F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the StudyMate servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, you agree not to collect or harvest any URLs, project names or descriptions, or other Content from the Service, or to collect personally identifiable information, including user names, from the Service, nor to use the communication systems provided by the Service (e.g., sharing, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. G. In your use of the Service, you will comply with all applicable laws and regulations. H. Respondus reserves the right to discontinue or limit any aspect of the Service at any time. 5. Your Use of Content In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Respondus, subject to copyright and other intellectual property rights under the law. B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not export any Content unless you see an "export" or similar link displayed by StudyMate on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Respondus or the respective licensors of the Content. Respondus and its licensors reserve all rights not expressly granted in and to the Service and the Content. C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein. D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Respondus is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Respondus with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Respondus, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service. 6. Your Content and Conduct A. As a StudyMate account holder you may submit Content to the Service, including text and images. You understand that Respondus does not guarantee any confidentiality with respect to any Content you submit. B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Respondus all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. C. For clarity, you retain all your ownership rights in your Content. However, by submitting Content to StudyMate, you hereby grant Respondus a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Respondus' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any format and through any channel. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Respondus may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. D. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Service. Respondus reserves the right to investigate and take appropriate legal action against anyone who, in their sole discretion, violates this provision, including without limitation, terminating the usership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Respondus: is patently offensive and promotes 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 sexually suggestive, excessively violent, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18 years old; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 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 passwords or personal identifying information for commercial or unlawful purposes from other users; involves commercial activities and/or sales without our prior written consent of Respondus such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent; or criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any user to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other users. In order to protect our users from such advertising or solicitation, Respondus reserves the right to restrict the number of emails which a user may send using the System in any 24-hour period to a number which Respondus deems appropriate in its sole discretion; any automated use of the system; interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to it; attempting to impersonate another user or person; using the account, username, or password of another user at any time or disclosing your password to any third-party or permitting any third-party to access your account; selling or otherwise transferring your profile; using any information obtained from the Service in order to harass, abuse, or harm another person; displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as placing content on the Service with a commercial purpose; or using the Services in a manner inconsistent with any and all applicable laws and regulations. E. By making Content available, you represent and warrant that: the copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third-party; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material; the Content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third-party sites, to boost the search engine rankings of third-party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing); the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third-party; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Respondus or otherwise. F. Respondus may use automated or non-automated systems to search for and identify Content in the Service that is illegal, infringing, or prohibited by this Terms of Service. G. Respondus does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Respondus expressly disclaims any and all liability in connection with Content. Respondus will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Respondus reserves the right to remove Content without prior notice. 7. Account Termination Policy A. Respondus will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. B. Respondus reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. Respondus may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. 8. Copyright Infringement and DMCA Policy A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Respondus the following information in writing (for further detail, see 17 U.S.C 512(c)(3) ):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • Identification of the specific URL of the content 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 permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an electronic mail;
  • A statement that you "have 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
  • A statement that "the information in the notification is accurate, and under penalty of perjury, that I am the owner, or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
You may direct copyright infringement notifications to Respondus, Inc, Attn: DMCA, 8201 164th Avenue NE, Suite 200, Redmond, WA 98052; email: copyright@respondus.com, fax: 425-881-3329. Any other feedback, comments, requests for technical support, and other communications should be directed to the appropriate department at Respondus. You acknowledge that if you fail to comply with all the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received, Respondus may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it within a specified number of days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed Content may be replaced, or access to it restored, after receipt of the counter-notice, at Respondus' sole discretion.
9. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RESPONDUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. RESPONDUS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. RESPONDUS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND RESPONDUS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 10. Limitation of Liability IN NO EVENT SHALL RESPONDUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT RESPONDUS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is controlled and offered by RESPONDUS from its facilities in the United States of America. Respondus makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. 11. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Respondus, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. 12. Ability to Accept Terms of Service Use of the Service is void where prohibited. The Service is for users of all ages. For children under 13, Respondus requires parental consent and may additionally remove certain features of the Service. 13. Assignment These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by RESPONDUS without restriction. 14. General You agree that: (i) the Service shall be deemed solely based in Washington state; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Respondus, either specific or general, in jurisdictions other than Washington state. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and Respondus that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. These Terms of Service, together with the Privacy Notice at https://www.respondus.com/privacy and any other legal notices published by Respondus on the Service, shall constitute the entire agreement between you and Respondus concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Respondus' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Respondus reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND RESPONDUS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.