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- <h1 id="page-title" class="asset-name">Legal</h1>
-
- <h2><span class="Apple-style-span" style="font-size: 13px; ">Last updated: February 13, 2011</span></h2>
- <p>These Terms of Service ("Terms") govern your access to and use of the services, websites, and
- applications offered by FinalsClub (the "Service"). Your access to and use of the Service is
- conditioned on your acceptance of and compliance with these Terms. By accessing or using the
- Service you agree to be bound by these Terms.</p>
- <h2>Use of the Service</h2>
- <p>You may use the Service only if you can form a binding contract with FinalsClub, and only in
- compliance with these Terms and all applicable local, state, national, and international laws,
- rules and regulations. You must provide us accurate information, including your real name, when
- you create your account on FinalsClub.</p>
- <p>We may, without prior notice, change the Service; stop providing the Service or features of the
- Service, to you or to users generally; or create usage limits for the Service.
- You are responsible for safeguarding the password that you use to access the Service and for
- any activities or actions under your password. We encourage you to use "strong" passwords
- (that use a combination of upper and lower case letters, numbers and symbols) with your
- account. FinalsClub will not be liable for any loss or damage arising from your failure to comply
- with these requirements.</p>
- <h2>User Content</h2>
- <p>"Content" means any information, text, graphics, or other materials uploaded, downloaded or
- appearing on the Service. You retain ownership of all Content you submit, post, display, or
- otherwise make available on the Service. </p>
- <h2>Your License to FinalsClub</h2>
- <p>By submitting, posting or displaying Content on or through the
- Service, you grant us permission
- to share all content under a Creative Commons Attribution-Share Alike
- 3.0 Unported (CC BY-SA
- 3.0) license. For more information, see
- http://creativecommons.org/licenses/by-sa/3.0. Note
- that exceptions can be made upon request. Or, if you would like more
- information, please feel
- free to contact us (link to the contact page).
- You agree that this license includes the right for other users of the
- Service to modify your
- Content, and for FinalsClub 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. Such additional uses by
- FinalsClub or others
- may be made with no compensation paid to you with respect to the Content
- that you submit,
- post, transmit or otherwise make available through the Service.We may
- modify or adapt your Content in order to transmit, display or distribute
- it over computer
- networks and in various media and/or make changes to your Content as are
- necessary to
- conform and adapt that Content to any requirements or limitations of any
- networks, devices,
- services or media.</p>
- <h2>FinalsClub's Licenses to You</h2>
- <p>Subject to these Terms, FinalsClub gives you a worldwide,
- royalty-free, non-assignable and nonexclusive license to re-post any of
- the Content on FinalsClub anywhere on the rest of the web
- provided that the Content was added to the Service after April 22, 2008,
- and provided that the
- user who created the content has not explicitly marked the content as
- not for reproduction, and
- provided that you: (a) do not modify the Content; (b) attribute
- FinalsClub with a human and
- machine-followable link (an A tag) linking back to the page displaying
- the original source of the
- content on FinalsClub.org (c) upon request, either by FinalsClub or a
- user, remove the user's
- name from Content which the user has subsequently made anonymous; (d)
- upon request, either
- by FinalsClub or by a user who contributed to the Content, make a
- reasonable effort to update a
- particular piece of Content to the latest version on FinalsClub.org; and
- (e) upon request, either
- by FinalsClub or by a user who contributed to the Content, make a
- reasonable attempt to delete
- Content that has been deleted on FinalsClub.org.
- Your Content will be viewable by other users of the Service and through
- third party services and
- websites. You should only provide Content that you are comfortable
- sharing with others under
- these Terms.
- All Content, whether publicly posted or privately transmitted, is the
- sole responsibility of the
- person who originated such Content. We may not monitor or control the
- Content posted via the
- Service. Any use of or reliance on any Content or materials posted via
- the Service or obtained by
- you through the Service is at your own risk. We do not endorse, support,
- represent or guarantee
- the completeness, truthfulness, accuracy, or reliability of any Content
- or communications posted
- via the Service or endorse any opinions expressed via the Service. You
- understand that by using
- the Service, you may be exposed to Content that might be offensive,
- harmful, inaccurate or
- otherwise inappropriate. Under no circumstances will FinalsClub be
- liable in any way for any
- Content, including, but not limited to, any errors or omissions in any
- Content, or any loss or
- damage of any kind incurred as a result of the use of any Content made
- available via the Service
- or broadcast elsewhere.
- </p><p>You are responsible for your use of the Service, for any Content
- you provide, and for any
- consequences thereof, including the use of your Content by other users
- and third parties
- partners. You understand that your Content may be republished and if you
- do not have the right
- to submit Content for such use, it may subject you to liability.
- FinalsClub will not be responsible
- or liable for any use of your Content by FinalsClub in accordance with
- these Terms. You
- represent and warrant that you have all the rights, power and authority
- necessary to grant the
- rights granted herein to any Content that you submit.We reserve the
- right at all times (but will not have an obligation) to remove or refuse
- to distribute
- any Content on the Service and to terminate users or reclaim usernames.
- We also reserve the
- right to access, read, preserve, and disclose any information as we
- reasonably believe is
- necessary to (i) satisfy any applicable law, regulation, legal process
- or governmental request, (ii)
- enforce the Terms, including investigation of potential violations
- hereof, (iii) detect, prevent, or
- otherwise address fraud, security or technical issues, (iv) respond to
- user support requests, or (v)
- protect the rights, property or safety of FinalsClub, its users and the
- public.
- Rules
- You must not do any of the following while accessing or using the
- Service: (i) use the Service for
- any unlawful purposes or for promotion of illegal activities; (ii) post
- any Content (as defined
- below) or use the Service in violation of any applicable law (including
- intellectual property laws,
- right of privacy or publicity laws, and any laws of a non-U.S.
- jurisdiction applicable to you), or
- any contractual or other legal obligation; (iii) post Content that is
- hateful, abusive, threatening,
- profane, or otherwise objectionable; (iv) post Content or use the
- Service to create an impression
- that you know is incorrect, misleading, or deceptive, including by
- impersonating others or
- otherwise misrepresenting your affiliation with a person or entity; (v)
- publish or post other
- people's private or personally identifiable information without their
- express authorization and
- permission; (vi) use the Service for the purpose of spamming anyone;
- (vii) publish or link to
- malicious content intended to damage or disrupt another user's browser
- or computer or to
- compromise a user's privacy; (viii) access or tamper with non-public
- areas of the Service,
- FinalsClub's computer systems, or the technical delivery systems of
- FinalsClub's providers; (ix)
- probe, scan, or test the vulnerability of any system or network or
- breach or circumvent any
- security or authentication measures; (x) access or search or attempt to
- access or search the
- Service by any means (automated or otherwise) other than through the
- currently available,
- published interfaces that are provided by FinalsClub (and only pursuant
- to those terms and
- conditions), unless you have been specifically allowed to do so in a
- separate agreement with
- FinalsClub (crawling the Service is permissible in accordance with these
- Terms, but scraping the
- Service without the prior consent of FinalsClub except as permitted by
- these Terms is expressly
- prohibited); (xi) forge any TCP/IP packet header or any part of the
- header information in any
- email or posting, or in any way use the Service to send altered,
- deceptive or false sourceidentifying information; or (xii) interfere
- with or disrupt (or attempt to do so) the access of any
- user, host or network, including, without limitation, sending a virus,
- overloading, flooding,
- spamming, mail-bombing the Service, or by scripting the creation of
- Content in such a manner
- as to interfere with or create an undue burden on the Service.</p>
- <h2>Proprietary Rights</h2>
- <p>All right, title, and interest in and to the Service (excluding
- Content provided by users) are and
- will remain the exclusive property of FinalsClub and its licensors. The
- Service is protected by
- copyright, trademark, and other laws of both the United States and
- foreign countries. Except asexpressly provided herein, nothing in the
- Terms gives you a right to use the FinalsClub name or
- any of the FinalsClub trademarks, logos, domain names, and other
- distinctive brand features.
- Any feedback, comments, or suggestions you may provide regarding the
- Service is entirely
- voluntary and we will be free to use such feedback, comments or
- suggestions as we see fit and
- without any obligation to you. </p>
- <h2>Copyright Policy</h2>
- <p>FinalsClub respects the intellectual property rights of others and expects users of the Service to
- do the same. We will respond to notices of alleged copyright infringement that comply with
- applicable law and are properly provided to us. If you believe that your Content has been copied
- in a way that constitutes copyright infringement, please provide our copyright agent with the
- following information in accordance with the Digital Millennium Copyright Act: (i) a physical or
- electronic signature of the copyright owner or a person authorized to act on their behalf; (ii)
- identification of the copyrighted work claimed to have been infringed; (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 permit us
- to locate the material; (iv) your contact information, including your address, telephone number,
- and an email address; (v) a statement by you 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 (vi) a statement that the information in the notification is accurate, and, under penalty of
- perjury, that you are authorized to act on behalf of the copyright owner.
- Our designated copyright agent for notice of alleged copyright infringement or other legal
- notices regarding Content appearing on the Service is:
- FinalsClub, Inc.
- Attn: Copyright Agent
- 1132 Massachusetts Avenue
- Cambridge, MA 02138
- Email: copyright@FinalsClub.org
- Please note that in addition to being forwarded to the person who provided the allegedly illegal
- content, we may send a copy of your notice (with your personal information removed) to Chilling
- Effects (www.chillingeffects.org) for publication and/or annotation. You can see an example of
- such a publication athttp://www.chillingeffects.org/fairuse/notice.cgi?NoticeID=16887. A link to
- your published notice will be displayed on FinalsClub in place of the removed content.
- We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior
- notice and at our sole discretion. In appropriate circumstances, FinalsClub will also terminate a
- user's account if the user is determined to be a repeat infringer.
- PrivacyFinalsClub values your privacy. We will never sell any personal user information stored on
- FinalsClub.org with any third-party corporations or organizations without your express consent.
- By using the Service you consent to the transfer of your information to the United States and/or
- other countries for storage, processing and use by FinalsClub. Note that user information stored
- with any of our affiliate services, such as PBworks.com, is subject to the terms of service of
- those service-providers. Please consult the respective Terms of Service for any affiliate services
- for specific details.</p>
- <h2>Links</h2>
- <p>The Service may contain links to third-party websites or resources. You acknowledge and agree
- that we are not responsible or liable for: (i) the availability or accuracy of such websites or
- resources; or (ii) the content, products, or services on or available from such websites or
- resources. Links to such websites or resources do not imply any endorsement by FinalsClub of
- such websites or resources or the content, products, or services available from such websites or
- resources. You acknowledge sole responsibility for and assume all risk arising from your use of
- any such websites or resources.
- </p><h2>Disclaimers; Indemnity</h2>
- <p>Your access to and use of the Service or any Content is at your own risk. You understand and
- agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without
- limiting the foregoing, FINALSCLUB AND ITS PARTNERS DISCLAIM ANY WARRANTIES,
- EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
- NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the
- completeness, accuracy, availability, timeliness, security or reliability of the Service or any
- content thereon. FinalsClub will not be responsible or liable for any harm to your computer
- system, loss of data, or other harm that results from your access to or use of the Service, or any
- Content. You also agree that FinalsClub has no responsibility or liability for the deletion of, or the
- failure to store or to transmit, any Content and other communications maintained by the Service.
- We make no warranty that the Service will meet your requirements or be available on an
- uninterrupted, secure, or error-free basis. No advice or information, whether oral or written,
- obtained from FinalsClub or through the Service, will create any warranty not expressly made
- herein.</p>
- <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINALSCLUB AND ITS
- AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT
- BE
- LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
- PUNITIVE
- DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE,
- GOOD-WILL,
- OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF
- OR
- INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF
- ANY
- THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY
- DEFAMATORY,
- OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY
- CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE
- ORALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON
- WARRANTY,
- CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER
- OR NOT FINALSCLUB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,
- AND
- EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
- ESSENTIAL
- PURPOSE.</p>
- <p>Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation
- of liability for consequential or incidental damages, so the limitations above may not apply to
- you.
- If anyone brings a claim against us related to your actions or Content on the Service, or actions
- or Content by or from someone using your account, you will indemnify and hold us harmless
- from and against all damages, losses, and expenses of any kind (including reasonable legal fees
- and costs) related to such claim.</p>
- <h2>General Terms</h2>
- <p>These Terms and any action related thereto will be governed by the laws of the State of
- California without regard to or application of its conflict of law provisions or your state or country
- of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims,
- legal proceedings or litigation arising in connection with the Service will be brought solely in
- Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts
- and waive any objection as to inconvenient forum.
- For any claim (excluding claims for injunctive or other equitable relief) under these Terms where
- the total amount of the award sought is less than $10,000, the party requesting relief may elect
- to resolve the dispute through binding non-appearance-based arbitration. The party electing
- such arbitration shall initiate the arbitration through an established alternative dispute resolution
- ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must
- comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or
- be solely based on written submissions, as selected by the party initiating the arbitration; b) the
- arbitration shall not involve any personal appearance by the parties or witnesses unless
- otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the
- arbitrator may be entered in any court of competent jurisdiction.
- These Terms are the entire and exclusive agreement between FinalsClub and you regarding the
- Service (excluding any services for which you have a separate agreement with FinalsClub that is
- explicitly in addition or in place of these Terms), and these Terms supersede and replace any
- prior agreements between FinalsClub and you regarding the Service.
- The failure of FinalsClub to enforce any right or provision of these Terms will not be deemed a
- waiver of such right or provision. In the event that any provision of these Terms is held to be
- invalid or unenforceable, the remaining provisions of these Terms will remain in full force and
- effect.We may revise these Terms from time to time. The most current version will always be on this
- page (or such other page as the Service may indicate). If the revision, in our sole discretion, is
- material we will notify you via posting to our website or e-mail to the email associated with your
- account. By continuing to access or use the Service after those revisions become effective, you
- agree to be bound by the revised Terms.</p>
- <p>The Service is operated and provided by FinalsClub, Inc., 1132 Massachusetts Avenue
- Cambridge, MA 02138. If you have questions about these Terms, please contact Andrew ~at~
- FinalsClub d0t org</p>
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