We reserve the right to change the terms of this Agreement at any time without notice to you by updating this Site to incorporate the new terms. Your continued use of this Site after changes are posted constitutes your acceptance of the amended Agreement.
YOU UNDERSTAND THAT BY USING THIS SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT TAKES EFFECT ONCE THIS SITE IS ACCESSED BY YOU. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THIS SITE. IF YOU AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL ALSO REFER AND APPLY TO THAT ENTITY OR AGENCY.
1. ACCESS TO THIS SITE
1.1 ScholarHubs gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use this Site, subject to this Agreement. This licence is for the sole purpose of enabling you to use and enjoy the benefit of this Site as provided by ScholarHubs, in the manner permitted by the terms of this Agreement.
1.2 We reserve the right to:
(a) Withdraw access to this Site without notice. You agree that access to this Site is permitted on a temporary basis and that we will not be liable for any consequential damage or loss if, for any reason, this Site is unavailable at any time or for any period;
(b) Temporarily restrict your access to parts of this Site, or the entire Site if, in our opinion, such a restriction is necessary under the circumstances;
(c) Disable your user name or password if in our opinion you have failed to comply with any terms in this Agreement;
(d) Restrict access to any user that we believe is under the age of 18. Use by anyone under the age of 18 is strictly prohibited
(e) Restrict access to any user that we believe has obtained illegal or unauthorized access to the account of another user.
1.3 You agree that you are responsible for:
(a) Making all necessary arrangements that will enable you to have access to our Site;
(c) Keeping your password, login details and any other confidential information safe. Under no circumstances shall ScholarHubs be liable for any loss or damage pursuant to Section 8, resulting from your failure to prevent others from accessing confidential information under your control.
2. ACCEPTABLE USE POLICY
2.1 You shall not use our Site for any unlawful purposes, including but not limited to, use in any way that:
(a) Breaches any applicable local, national or international laws or regulations;
(b) Is fraudulent, or has any fraudulent purpose or effect;
(c) Is intended to harm or attempts to harm minors in any manner whatsoever;
(d) Interferes with, damages or disrupts any part of our Site, any equipment or network on which our Site is stored, or any software used in the provision of our Site,
(e) Results, directly or indirectly, in the sending of any unsolicited or unauthorised advertising or promotional material; or
(f) Results in the transmission of any material that you are aware contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.2 When contributing, linking or adding content to the Site, you must ensure that:
(a) All facts, statements and representations contributed are accurate;
(b) The sources of all facts, statements and representations contributed are verifiable and reliable;
(c) All opinions you contribute are based upon genuine information and belief;
(d) All materials contributed comply with any applicable law in the United States or any other relevant jurisdiction;
(e) You have secured any necessary permission from any relevant third parties prior to doing so.
2.3 You must not contribute, link to or add any content to the Site, in any manner whatsoever, that in the opinion of ScholarHubs:
(a) Contains any material which is defamatory of any person, obscene, offensive, hateful, sexually explicit or inflammatory;
(b) Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(c) Amounts to hate speech;
(d) Advocates the destruction of or violence towards any nation, culture, race, religion, demographic or ethnic group;
(e) Promotes violence or sexual exploitation towards minors;
(f) Could potentially infringe any intellectual property right of another person, including but not limited to, copyright, patents, trade secrets, database rights or trademarks;
(g) Is intended or likely to deceive or defraud any person;
(h) Promotes any illegal activity, including but not limited to, the sale of prohibited drugs and substances;
(i) Results in a breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(j) Is threatening, abusive, invades another's privacy, or is likely to cause annoyance, alarm, inconvenience or needless anxiety;
(k) Is intended to impersonate another person, or misrepresent an identity, affiliation or source of information;
(l) Advocates, promotes or assists in any unlawful act.
3. USAGE OF OUR SITE
3.1 You must, under all circumstances, comply with all your duties and obligations under this Agreement, in particular, when making use of a feature that allows you to add or contribute material to our Site.
3.2 You must not, under any circumstances share your password, account or login details with any third party.
3.3 You accept and acknowledge that:
(a) The act of uploading, linking to, contributing or adding any material to our Site amounts to a waiver of confidentiality over any such material;
(b) We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or any other legal rights;
(c) We have the right to remove any material or posting you make on our Site if, in our opinion, such material does not comply with Section 2, or any other material terms, of this Agreement.
3.4 You accept and understand that our Site may contain links to third-party websites or apps, advertisers, services, special offers, or other events or activities that are not owned or controlled by ScholarHubs. We do not endorse or assume any responsibility for any such third-party sites, apps, information, materials, products, or services. If you access any third party website, app, service, or content via our Site, you do so at your own risk and you agree that ScholarHubs will have no liability.
3.5 You agree that:
(a) By submitting, posting or displaying content or material (“Your Content”) via our Site, you grant ScholarHubs and any companies, organisations or individuals who partner with ScholarHubs (its “Affiliates”) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display or distribute Your Content in any and all media or distribution methods (whether now known or later developed) (“Your Content License To Us”);
(b) Your Content License To Us includes the right for ScholarHubs to make such Content available to its Affiliates for the syndication, broadcast, distribution or publication of Your Content;
(c) No compensation will be payable to you in respect of any of the foregoing uses of Your Content License To Us;
(d) You waive all moral rights (or similar or equivalent rights in other jurisdictions) in Your Content.
3.6 You accept and understand that:
(a) You are responsible for any consequences arising from, but not limited to, the use, commentary or discussion of Your Content by other users;
(b) If you have not obtained any necessary permission prior to contributing, linking or adding any content or material to the Site, such an act may subject you to liability.
(c) From time to time, ScholarHubs may authorize certain users to act as editors with authority to moderate and/or delete your content, and in some cases, your account.
4. SUSPENSION AND TERMINATION
4.1 You agree that the failure to comply with any duties or obligations under Section 2 constitutes a material breach of this Agreement.
4.2 You agree that if, in our opinion, you are in breach of any of the terms of this Agreement, we reserve the right to take, or authorize any other user or person take on our behalf, any and all remedial actions, including but not limited to the following:
(a) Immediate and temporary or permanent withdrawal of your right to use our Site;
(b) Immediate and temporary or permanent removal of any posting or material uploaded by you to our Site;
(c) The issuance of a warning to you;
(d) The commencement of legal action against you, including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs), resulting from the breach;
(e) The disclosure of such information to law enforcement authorities as we reasonably believe is necessary.
5. OUR CONTENT AND RELATED RIGHTS
5.1 You agree that all rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to content on our Site (excluding content provided or added by you or other users of the Site), including but not limited to, all information, data, text, maps, graphics, the "look and feel", logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents on the Site, and the underlying code and software in the Site (“Our Content”) are and will remain the exclusive property of ScholarHubs and any applicable licensors. All such rights to Our Content are reserved.
5.2 You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license or rent any part of Our Content unless we provide you with our prior express written consent to do so.
6. OUR RELATIONSHIP WITH YOU
6.1 Nothing in this Agreement shall be deemed to constitute a partnership, agency or employment relationship, as a matter of fact, between you and ScholarHubs.
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
7.1 YOU ACCEPT AND UNDERSTAND THAT SCHOLARHUBS AND ITS AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY WARRANTIES, REPRESENTATIONS, GUARANTEES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED RELATING TO, BUT NOT LIMITED TO, THE FOLLOWING:
(a) THE COMPLETENESS, ACCURACY, QUALITY, AVAILABILITY, FUNCTIONALITY, COMPATIBILITY, FREEDOM FROM DEFECTS, FREEDOM FROM VIRUSES OR ANY OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, TIMELINESS, SECURITY, PERFORMANCE OR RELIABILITY OF THE SITE OR ANY CONTENT THEREON;
(b) THE FITNESS OR SUITABILITY OF THE SITE FOR MEETING YOUR REQUIREMENTS OR ANY PARTICULAR PURPOSE;
8. OUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
8.1 YOU ACCEPT AND UNDERSTAND THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCHOLARHUBS AND ANY SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES OR CONTRACTS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, LOSS OR CORRUPTION OF DATA OR INFORMATION, LOSS OF ANTICIPATED SAVINGS, WASTED MANAGEMENT OR OFFICE TIME OR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO:
(a) YOUR ACCESS TO OR USE OF THE SITE;
(b) YOUR ACCESS TO OR USE OF A THIRD PARTY APP OR SITE THAT IS REFERRED TO, DESCRIBED ON, REFERENCED OR LINKED TO OUR SITE;
(c) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SITE;
(d) THE CONTENT OF ANY THIRD PARTY DISPLAYED ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT CONTRIBUTED BY OTHER USERS OR THIRD PARTIES;
(e) THE CONDUCT OF ANY THIRD PARTY;
(f) THE USE, DISPLAY OR PUBLICATION OF ANY CONTENT, INFORMATION, PRODUCTS, LINKS OR SERVICES ACCESSED THROUGH THE SITE; OR
(g) ANY UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
8.2 NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SITE, SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU, IF ANY, TO ACCESS OUR SITE.
9. YOUR LIABILITY
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
9.1 YOU ARE RESPONSIBLE, AND ASSUME ALL LIABILITY, FOR ALL CONTENT THAT YOU LINK TO, CONTRIBUTE OR ADD TO THE SITE.
9.2 YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY REPRESENTATIONS OR CONTRIBUTIONS MADE BY OTHER USERS OR THIRD PARTIES.
9.3 IF A DISPUTE ARISES BETWEEN YOU AND ANOTHER USER OR THIRD PARTY, YOU SHALL RELEASE US, OUR AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH SAID DISPUTE.
9.4 YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
10. YOUR DATA AND INFORMATION
10.2 You agree that by using or accessing this Site, you permit ScholarHubs to allow certain third party service providers (such as external profanity filters) to access your information, including but not limited to, personally identifiable information, for the sole purpose of enabling the proper functioning of the Site.
10.3 You understand and accept that ScholarHubs are under not responsible for keeping or maintaining a copy or details of any of Your Content. In the event that the Site is withdrawn or shutdown, ScholarHubs are under no obligation to provide you with a copy of Your Content.
10.4 By using the Site, you consent to the storage of your personally identifiable information on servers that may, for a period, be outside the United States.
11. GOVERNING LAW AND JURISDICTION
11.1 You agree that the courts of the State of Missouri shall have exclusive jurisdiction over any claim or dispute arising from, or related to this Agreement.
11.2 You further agree that this Agreement is governed by the laws of the state of Missouri and US Federal Law.
13. ENTIRE AGREEMENT
14. DISPUTE RESOLUTION
14.1 If you have any issues, wish to make a complaint or have a dispute relating to this Agreement, we strongly encourage you to first contact us directly to seek a resolution via e-mail at email@example.com. ScholarHubs reserves the right to determine at its sole discretion the means, methods and processes by which issues will be resolved, with the goal of a satisfactory resolution for all parties.
15. REVISIONS AND INTERPRETATION OF THESE TERMS
15.1 You accept and understand that we may revise these Terms from time to time. The most current version will always be available on the Site. If, in our opinion, the revision is material, we may notify you of the material revision via an e-mail to the email associated with your account.
15.3 You agree that, if this Agreement is translated into another language, the English version of the Agreement shall govern in the event of any conflict or ambiguity arising from the translation.