legal.jade 19 KB

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  4. <h1 id="page-title" class="asset-name">Legal</h1>
  5. <h2><span class="Apple-style-span" style="font-size: 13px; ">Last updated: February 13, 2011</span></h2>
  6. <p>These Terms of Service ("Terms") govern your access to and use of the services, websites, and
  7. applications offered by FinalsClub (the "Service"). Your access to and use of the Service is
  8. conditioned on your acceptance of and compliance with these Terms. By accessing or using the
  9. Service you agree to be bound by these Terms.</p>
  10. <h2>Use of the Service</h2>
  11. <p>You may use the Service only if you can form a binding contract with FinalsClub, and only in
  12. compliance with these Terms and all applicable local, state, national, and international laws,
  13. rules and regulations. You must provide us accurate information, including your real name, when
  14. you create your account on FinalsClub.</p>
  15. <p>We may, without prior notice, change the Service; stop providing the Service or features of the
  16. Service, to you or to users generally; or create usage limits for the Service.
  17. You are responsible for safeguarding the password that you use to access the Service and for
  18. any activities or actions under your password. We encourage you to use "strong" passwords
  19. (that use a combination of upper and lower case letters, numbers and symbols) with your
  20. account. FinalsClub will not be liable for any loss or damage arising from your failure to comply
  21. with these requirements.</p>
  22. <h2>User Content</h2>
  23. <p>"Content" means any information, text, graphics, or other materials uploaded, downloaded or
  24. appearing on the Service. You retain ownership of all Content you submit, post, display, or
  25. otherwise make available on the Service. </p>
  26. <h2>Your License to FinalsClub</h2>
  27. <p>By submitting, posting or displaying Content on or through the
  28. Service, you grant us permission
  29. to share all content under a Creative Commons Attribution-Share Alike
  30. 3.0 Unported (CC BY-SA
  31. 3.0) license. For more information, see
  32. http://creativecommons.org/licenses/by-sa/3.0. Note
  33. that exceptions can be made upon request. Or, if you would like more
  34. information, please feel
  35. free to contact us (link to the contact page).
  36. You agree that this license includes the right for other users of the
  37. Service to modify your
  38. Content, and for FinalsClub to make your Content available to others for
  39. the publication,
  40. distribution, syndication, or broadcast of such Content on other media
  41. and services, subject to
  42. our terms and conditions for such Content use. Such additional uses by
  43. FinalsClub or others
  44. may be made with no compensation paid to you with respect to the Content
  45. that you submit,
  46. post, transmit or otherwise make available through the Service.We may
  47. modify or adapt your Content in order to transmit, display or distribute
  48. it over computer
  49. networks and in various media and/or make changes to your Content as are
  50. necessary to
  51. conform and adapt that Content to any requirements or limitations of any
  52. networks, devices,
  53. services or media.</p>
  54. <h2>FinalsClub's Licenses to You</h2>
  55. <p>Subject to these Terms, FinalsClub gives you a worldwide,
  56. royalty-free, non-assignable and nonexclusive license to re-post any of
  57. the Content on FinalsClub anywhere on the rest of the web
  58. provided that the Content was added to the Service after April 22, 2008,
  59. and provided that the
  60. user who created the content has not explicitly marked the content as
  61. not for reproduction, and
  62. provided that you: (a) do not modify the Content; (b) attribute
  63. FinalsClub with a human and
  64. machine-followable link (an A tag) linking back to the page displaying
  65. the original source of the
  66. content on FinalsClub.org (c) upon request, either by FinalsClub or a
  67. user, remove the user's
  68. name from Content which the user has subsequently made anonymous; (d)
  69. upon request, either
  70. by FinalsClub or by a user who contributed to the Content, make a
  71. reasonable effort to update a
  72. particular piece of Content to the latest version on FinalsClub.org; and
  73. (e) upon request, either
  74. by FinalsClub or by a user who contributed to the Content, make a
  75. reasonable attempt to delete
  76. Content that has been deleted on FinalsClub.org.
  77. Your Content will be viewable by other users of the Service and through
  78. third party services and
  79. websites. You should only provide Content that you are comfortable
  80. sharing with others under
  81. these Terms.
  82. All Content, whether publicly posted or privately transmitted, is the
  83. sole responsibility of the
  84. person who originated such Content. We may not monitor or control the
  85. Content posted via the
  86. Service. Any use of or reliance on any Content or materials posted via
  87. the Service or obtained by
  88. you through the Service is at your own risk. We do not endorse, support,
  89. represent or guarantee
  90. the completeness, truthfulness, accuracy, or reliability of any Content
  91. or communications posted
  92. via the Service or endorse any opinions expressed via the Service. You
  93. understand that by using
  94. the Service, you may be exposed to Content that might be offensive,
  95. harmful, inaccurate or
  96. otherwise inappropriate. Under no circumstances will FinalsClub be
  97. liable in any way for any
  98. Content, including, but not limited to, any errors or omissions in any
  99. Content, or any loss or
  100. damage of any kind incurred as a result of the use of any Content made
  101. available via the Service
  102. or broadcast elsewhere.
  103. </p><p>You are responsible for your use of the Service, for any Content
  104. you provide, and for any
  105. consequences thereof, including the use of your Content by other users
  106. and third parties
  107. partners. You understand that your Content may be republished and if you
  108. do not have the right
  109. to submit Content for such use, it may subject you to liability.
  110. FinalsClub will not be responsible
  111. or liable for any use of your Content by FinalsClub in accordance with
  112. these Terms. You
  113. represent and warrant that you have all the rights, power and authority
  114. necessary to grant the
  115. rights granted herein to any Content that you submit.We reserve the
  116. right at all times (but will not have an obligation) to remove or refuse
  117. to distribute
  118. any Content on the Service and to terminate users or reclaim usernames.
  119. We also reserve the
  120. right to access, read, preserve, and disclose any information as we
  121. reasonably believe is
  122. necessary to (i) satisfy any applicable law, regulation, legal process
  123. or governmental request, (ii)
  124. enforce the Terms, including investigation of potential violations
  125. hereof, (iii) detect, prevent, or
  126. otherwise address fraud, security or technical issues, (iv) respond to
  127. user support requests, or (v)
  128. protect the rights, property or safety of FinalsClub, its users and the
  129. public.
  130. Rules
  131. You must not do any of the following while accessing or using the
  132. Service: (i) use the Service for
  133. any unlawful purposes or for promotion of illegal activities; (ii) post
  134. any Content (as defined
  135. below) or use the Service in violation of any applicable law (including
  136. intellectual property laws,
  137. right of privacy or publicity laws, and any laws of a non-U.S.
  138. jurisdiction applicable to you), or
  139. any contractual or other legal obligation; (iii) post Content that is
  140. hateful, abusive, threatening,
  141. profane, or otherwise objectionable; (iv) post Content or use the
  142. Service to create an impression
  143. that you know is incorrect, misleading, or deceptive, including by
  144. impersonating others or
  145. otherwise misrepresenting your affiliation with a person or entity; (v)
  146. publish or post other
  147. people's private or personally identifiable information without their
  148. express authorization and
  149. permission; (vi) use the Service for the purpose of spamming anyone;
  150. (vii) publish or link to
  151. malicious content intended to damage or disrupt another user's browser
  152. or computer or to
  153. compromise a user's privacy; (viii) access or tamper with non-public
  154. areas of the Service,
  155. FinalsClub's computer systems, or the technical delivery systems of
  156. FinalsClub's providers; (ix)
  157. probe, scan, or test the vulnerability of any system or network or
  158. breach or circumvent any
  159. security or authentication measures; (x) access or search or attempt to
  160. access or search the
  161. Service by any means (automated or otherwise) other than through the
  162. currently available,
  163. published interfaces that are provided by FinalsClub (and only pursuant
  164. to those terms and
  165. conditions), unless you have been specifically allowed to do so in a
  166. separate agreement with
  167. FinalsClub (crawling the Service is permissible in accordance with these
  168. Terms, but scraping the
  169. Service without the prior consent of FinalsClub except as permitted by
  170. these Terms is expressly
  171. prohibited); (xi) forge any TCP/IP packet header or any part of the
  172. header information in any
  173. email or posting, or in any way use the Service to send altered,
  174. deceptive or false sourceidentifying information; or (xii) interfere
  175. with or disrupt (or attempt to do so) the access of any
  176. user, host or network, including, without limitation, sending a virus,
  177. overloading, flooding,
  178. spamming, mail-bombing the Service, or by scripting the creation of
  179. Content in such a manner
  180. as to interfere with or create an undue burden on the Service.</p>
  181. <h2>Proprietary Rights</h2>
  182. <p>All right, title, and interest in and to the Service (excluding
  183. Content provided by users) are and
  184. will remain the exclusive property of FinalsClub and its licensors. The
  185. Service is protected by
  186. copyright, trademark, and other laws of both the United States and
  187. foreign countries. Except asexpressly provided herein, nothing in the
  188. Terms gives you a right to use the FinalsClub name or
  189. any of the FinalsClub trademarks, logos, domain names, and other
  190. distinctive brand features.
  191. Any feedback, comments, or suggestions you may provide regarding the
  192. Service is entirely
  193. voluntary and we will be free to use such feedback, comments or
  194. suggestions as we see fit and
  195. without any obligation to you. </p>
  196. <h2>Copyright Policy</h2>
  197. <p>FinalsClub respects the intellectual property rights of others and expects users of the Service to
  198. do the same. We will respond to notices of alleged copyright infringement that comply with
  199. applicable law and are properly provided to us. If you believe that your Content has been copied
  200. in a way that constitutes copyright infringement, please provide our copyright agent with the
  201. following information in accordance with the Digital Millennium Copyright Act: (i) a physical or
  202. electronic signature of the copyright owner or a person authorized to act on their behalf; (ii)
  203. identification of the copyrighted work claimed to have been infringed; (iii) identification of the
  204. material that is claimed to be infringing or to be the subject of infringing activity and that is to be
  205. removed or access to which is to be disabled, and information reasonably sufficient to permit us
  206. to locate the material; (iv) your contact information, including your address, telephone number,
  207. and an email address; (v) a statement by you that you have a good faith belief that use of the
  208. material in the manner complained of is not authorized by the copyright owner, its agent, or the
  209. law; and (vi) a statement that the information in the notification is accurate, and, under penalty of
  210. perjury, that you are authorized to act on behalf of the copyright owner.
  211. Our designated copyright agent for notice of alleged copyright infringement or other legal
  212. notices regarding Content appearing on the Service is:
  213. FinalsClub, Inc.
  214. Attn: Copyright Agent
  215. 1132 Massachusetts Avenue
  216. Cambridge, MA 02138
  217. Email: copyright@FinalsClub.org
  218. Please note that in addition to being forwarded to the person who provided the allegedly illegal
  219. content, we may send a copy of your notice (with your personal information removed) to Chilling
  220. Effects (www.chillingeffects.org) for publication and/or annotation. You can see an example of
  221. such a publication athttp://www.chillingeffects.org/fairuse/notice.cgi?NoticeID=16887. A link to
  222. your published notice will be displayed on FinalsClub in place of the removed content.
  223. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior
  224. notice and at our sole discretion. In appropriate circumstances, FinalsClub will also terminate a
  225. user's account if the user is determined to be a repeat infringer.
  226. PrivacyFinalsClub values your privacy. We will never sell any personal user information stored on
  227. FinalsClub.org with any third-party corporations or organizations without your express consent.
  228. By using the Service you consent to the transfer of your information to the United States and/or
  229. other countries for storage, processing and use by FinalsClub. Note that user information stored
  230. with any of our affiliate services, such as PBworks.com, is subject to the terms of service of
  231. those service-providers. Please consult the respective Terms of Service for any affiliate services
  232. for specific details.</p>
  233. <h2>Links</h2>
  234. <p>The Service may contain links to third-party websites or resources. You acknowledge and agree
  235. that we are not responsible or liable for: (i) the availability or accuracy of such websites or
  236. resources; or (ii) the content, products, or services on or available from such websites or
  237. resources. Links to such websites or resources do not imply any endorsement by FinalsClub of
  238. such websites or resources or the content, products, or services available from such websites or
  239. resources. You acknowledge sole responsibility for and assume all risk arising from your use of
  240. any such websites or resources.
  241. </p><h2>Disclaimers; Indemnity</h2>
  242. <p>Your access to and use of the Service or any Content is at your own risk. You understand and
  243. agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without
  244. limiting the foregoing, FINALSCLUB AND ITS PARTNERS DISCLAIM ANY WARRANTIES,
  245. EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
  246. NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the
  247. completeness, accuracy, availability, timeliness, security or reliability of the Service or any
  248. content thereon. FinalsClub will not be responsible or liable for any harm to your computer
  249. system, loss of data, or other harm that results from your access to or use of the Service, or any
  250. Content. You also agree that FinalsClub has no responsibility or liability for the deletion of, or the
  251. failure to store or to transmit, any Content and other communications maintained by the Service.
  252. We make no warranty that the Service will meet your requirements or be available on an
  253. uninterrupted, secure, or error-free basis. No advice or information, whether oral or written,
  254. obtained from FinalsClub or through the Service, will create any warranty not expressly made
  255. herein.</p>
  256. <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINALSCLUB AND ITS
  257. AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT
  258. BE
  259. LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
  260. PUNITIVE
  261. DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE,
  262. GOOD-WILL,
  263. OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF
  264. OR
  265. INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF
  266. ANY
  267. THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY
  268. DEFAMATORY,
  269. OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY
  270. CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE
  271. ORALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON
  272. WARRANTY,
  273. CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER
  274. OR NOT FINALSCLUB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,
  275. AND
  276. EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
  277. ESSENTIAL
  278. PURPOSE.</p>
  279. <p>Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation
  280. of liability for consequential or incidental damages, so the limitations above may not apply to
  281. you.
  282. If anyone brings a claim against us related to your actions or Content on the Service, or actions
  283. or Content by or from someone using your account, you will indemnify and hold us harmless
  284. from and against all damages, losses, and expenses of any kind (including reasonable legal fees
  285. and costs) related to such claim.</p>
  286. <h2>General Terms</h2>
  287. <p>These Terms and any action related thereto will be governed by the laws of the State of
  288. California without regard to or application of its conflict of law provisions or your state or country
  289. of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims,
  290. legal proceedings or litigation arising in connection with the Service will be brought solely in
  291. Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts
  292. and waive any objection as to inconvenient forum.
  293. For any claim (excluding claims for injunctive or other equitable relief) under these Terms where
  294. the total amount of the award sought is less than $10,000, the party requesting relief may elect
  295. to resolve the dispute through binding non-appearance-based arbitration. The party electing
  296. such arbitration shall initiate the arbitration through an established alternative dispute resolution
  297. ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must
  298. comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or
  299. be solely based on written submissions, as selected by the party initiating the arbitration; b) the
  300. arbitration shall not involve any personal appearance by the parties or witnesses unless
  301. otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the
  302. arbitrator may be entered in any court of competent jurisdiction.
  303. These Terms are the entire and exclusive agreement between FinalsClub and you regarding the
  304. Service (excluding any services for which you have a separate agreement with FinalsClub that is
  305. explicitly in addition or in place of these Terms), and these Terms supersede and replace any
  306. prior agreements between FinalsClub and you regarding the Service.
  307. The failure of FinalsClub to enforce any right or provision of these Terms will not be deemed a
  308. waiver of such right or provision. In the event that any provision of these Terms is held to be
  309. invalid or unenforceable, the remaining provisions of these Terms will remain in full force and
  310. effect.We may revise these Terms from time to time. The most current version will always be on this
  311. page (or such other page as the Service may indicate). If the revision, in our sole discretion, is
  312. material we will notify you via posting to our website or e-mail to the email associated with your
  313. account. By continuing to access or use the Service after those revisions become effective, you
  314. agree to be bound by the revised Terms.</p>
  315. <p>The Service is operated and provided by FinalsClub, Inc., 1132 Massachusetts Avenue
  316. Cambridge, MA 02138. If you have questions about these Terms, please contact Andrew ~at~
  317. FinalsClub d0t org</p>