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Terms of Website Use

• Purpose & General Statement

  This Website is a peer-based educational research tool. Schoology does not condone the infringement of proprietary rights of any person, nor any act of plagiarism or other academic fraud or misconduct. Schoology reserves the right to bar from using the Website any users who engage in such activities.

• Acceptance of Terms of Website Use

  Schoology, and affiliates ("Schoology" or "we," "us" or "our") provide you with access to our website (the "Site"), subject to acceptance of these Terms of Website Use ("Terms") and our Privacy Policy, which are subject to change. These Terms and our Privacy Policy are accepted by you when you access and use our Site or the personal shopping service offered thereon (the "Service").

• Disclaimer

  Schoology does not evaluate or guarantee the accuracy or success of any answers, advice or services given through the Site. You agree that any use you make of such answers, advice or services is at your own risk and that Schoology is not responsible for any damages or losses resulting from your reliance on such answers or advice. By submitting a question here, you understand and expressly agree that Schoology is not responsible for any reply or information you do or do not receive, and you expressly agree to hold Schoology harmless from any loss, harm, injury, or damage whatsoever resulting from or arising out of your submission of the question or your use of or reliance on any response thereto.

• Website Content & Uploading of Materials

  After you have registered to use this Website, you may upload certain materials including but not limited to, study guides, outlines, notes, other written materials, or other audio and/or visual materials, where it will be posted for other users to read and use for educational purposes. If you elect to post material and/or participate in our social networking channels or other community boards that may be offered on our Website, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "User Content"). You agree not to furnish any User Content to which you do not own the rights or with respect to which you do not have permission to post on the Internet for access by others. By furnishing User Content, you give Schoology the right to use such User Content in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your User Content with User Content of third parties in varied combinations and/or to use the User Content for its commercial purposes. Schoology reserves the right to delete or edit any material in any posting of User Content that is offensive, obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the Website, including but not limited to the standards listed herein under Section 11. If Schoology elects to edit any User Content, it nonetheless assumes no responsibility for the content of the User Content. Under no circumstances will Schoology be liable for any inaccuracy or defect in any User Content. You agree to use and rely on User Content at your own risk. Schoology cannot make any representation or warranty about the material contained in the User Content. Schoology likewise assumes no responsibility for any contact you may have with other users of our Website, either online or offline. If you elect to meet in person with someone you may meet on our Website, you do so at your own risk, and under no circumstances will Schoology be liable for any activity or injury that may occur. By uploading and posting any User Content, you automatically grant Schoology a fully paid-up, perpetual, irrevocable, royalty-free, nonexclusive, worldwide right and license (with the unrestricted right to grant sublicenses) to post, copy, reproduce, modify, alter, translate, publish, distribute, download, perform, display, transmit, and otherwise use the User Content in any format or medium. You also permit any other user of the Website to access, view, display, download, store, print, and otherwise use the User Content. You are not permitted to upload and post on the Website any confidential or proprietary information, or any User Content of which you are not the author or creator and the owner of all proprietary rights, including but not limited to, copyrights. You represent and warrant that all User Content you upload and post on the Website is not confidential or proprietary in any way, and that you are the author or creator and owner of all rights, including copyrights, in such User Content.

• Using Schoology Material

  After you have registered to use this Website, you may access this Website and view, display, download, store, and print User Content, but only for personal, non-commercial, educational use. You may not remove any copyright notices or other notices of intellectual property rights from such content and you may not copy, publicly distribute, perform, or display, or create derivative works from any User Content, except as permitted by 17 U.S.C. § 107. Under no circumstances may you expressly or impliedly state or represent that you are the author or creator of any User Content unless you are in fact the author or creator, and you may not present or represent any User Content as your own work or as the result of your own efforts unless such content is in fact your own work or the result of your own efforts. All practices and standards otherwise applicable to you regarding the use of any User Content, such as rules regarding the quoting of source materials, plagiarism, and providing proper attribution or creation, apply to your use of any User Content. You shall be solely responsible for your use of any User Content, and for any results or consequences of using any User Content in any way. Any unauthorized use of this Website will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, commercial regulations and statutes, and rules of academic institutions. Schoology reserves the right to pursue all violators to the fullest extent of the law, and to terminate their access to the Website.

• Our Rating Systems

  You acknowledge that visitors to the Website may post comments about User Content uploaded and posted by you which may be derogatory, and that Schoology has no obligation to monitor or delete any such postings. If you upload and post User Content on the Website, Schoology shall not be liable to you in any way relating to such comments and/or ratings as to the source of the User Content. By uploading and posting User Content, you expressly waive any and all claims against Schoology, and release Schoology from any and all liability, relating to such ratings. Schoology shall have no obligation to change such ratings under any circumstances.

• Payments

  Each time a user downloads User Content that you uploaded and posted on the Website, Schoology may credit to the account created by your registration a monetary payment related to advertising displayed to the user who downloads the User Content you posted. You have no right to be paid for such downloads or to audit Schoology’s records, if any, of such downloads. Schoology shall not be obligated to make such payments and reserves the right to suspend or to discontinue such payments at any time, and under any circumstances. Schoology shall have the sole and exclusive right to decide whether any such payments will be made, and the amount of each payment, and to change such amount at any time. Schoology shall have the right to employ procedures and technology to identify or detect downloads of your User Content for the purpose of directing payments to you, and shall have the right to terminate your access to the Website for such purposes, and any other user involved in such downloading. If you engage in such activity, you shall be liable to refund any payments Schoology has credited to your account. Additionally, if you engage in fraudalent activity, such as the representing of someone else work as your own, and do receive payment for the work, Schoology maintains the right to demand refund of any such payments Schoology has credited to your account.

• Agreement

  By registering to use this Website, uploading any User Content to this Website, Downloading any User Content from this Website, or linking to the Website, you are entering into an agreement with Schoology. At all times, you are bound by the then-current version of this Agreement and all applicable laws. Schoology highly recommends that you review this Agreement from time to time to ensure that you are familiar with the most recent version. We reserve the right in our sole discretion to modify, alter, or otherwise change this Agreement or portion thereof at any time, without notice to you, although changes will be posted on the Website. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Schoology relating to your use of the Website. If any portion of this Agreement is unlawful, invalid, or unenforceable, then such portion of this Agreement shall be deemed severed from the Agreement and shall not affect the validity or enforceability of the remainder of this Agreement.

• Links to Other Websites and Advertisers

  We may from time to time provide links to non-Schoology websites. We do not make any representations about such websites or their content, or any results obtained from using them. Schoology has no liability for any damages or injuries arising from your use of them. Your correspondence with, transactions with or participation in promotions of advertisers, retailers or other third parties found on or through this Site are solely between you and such third parties. This includes payment and delivery of goods or services. You agree that Schoology will not be responsible or liable for any loss or damage incurred as the result of any such dealings.

• Intellectual Property

  The content of this Site, such as but not limited to text, graphics, trade dress and logo ("Content"), is the property of Schoology and is protected by copyright, trademark or other proprietary rights. You may not download, print or store Content. No Content, including trademarks, may be reprinted, republished or distributed in any form without the prior express written permission from Schoology. You may not copy, reproduce, reverse engineer, decompile, transmit, sell, distribute, license or create derivative works of the Content, or frame the Site or any portion thereof. You may not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

• Lawful Use of Website

  You agree to comply with all applicable laws regarding use of this Site. You may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of Schoology or others. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or other illegitimate means.

• DISCLAIMER OF WARRANTIES

  YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Schoology AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, "Schoology ENTITIES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Schoology ENTITIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELAIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THOUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY REPSONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Schoology OR THIS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

• LIMITATION OF LIABILITY

  Schoology ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Schoology HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (v) AND OTHER MATTER RELATING TO THE SERVICE.
  SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU WHERE JURSDICTIONS DO NOT ALLOW THE EXCLUSUION OF CERTAIN WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

• International Users

  International Users Schoology makes no claim that the Content is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

• Schoology's Rights & Ownership

  This Website and the computers (including the software and files) used to run and maintain it are the property of Schoology. This Website, the computers hosting this Website, and the features and functions of this Website, are the exclusive property of Schoology or are licensed to Schoology, and may not be accessed, copied, reproduced, modified, altered, publicly distributed, republished, uploaded, posted, transmitted, publicly performed or displayed, or otherwise used without written permission from Schoology. Schoology or its licensors own all intellectual property rights, including copyrights, in the computer programs that run this Website.

• Trademarks & Copyrights

  Trademarks on the Website
  
  Schoology is a trademark of Schoology, Inc. You may not use it in any way.
  
  Copyrights on the Website
  
  Everything you see or read on the Website is owned by us or used with permission. Except as set forth herein, you may not copy, use, or retransmit anything from or for our Website without our permission. Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website is strictly prohibited. You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the Website or that tampers with any copyright protection mechanisms applicable to content on any Website. Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.
  
  Notice and Procedure for Making Claims of Copyright Infringement
  
  It is Schoologys policy to respect the intellectual property rights of others. Under this policy, Schoology will not knowingly post content of any kind on the Website that infringes the copyright rights or other intellectual property rights of others. We reserve the right to terminate access to the Website of any user who infringes the proprietary rights of any third party. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), Schoology has designated an agent to receive notifications of alleged copyright infringement on the Website. If you believe that your work has been used in a way that constitutes copyright infringement, please send (a) a description of the work; (b) a description of the location of the work on the Website, including the URL; (c) your name, address, and telephone number, (d) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law; and (e) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner. Please submit these materials to:
  Schoology, LLC
  6985 Snow Way, Box 7147
  St. Louis, MO 63130
  Attention: Administration

• Website Use

  You may only access and use the Website and User Content for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations, including academic rules and honor codes, pertaining to your use of the Website and User Content. You agree that you will not, in connection with the Website: (i) commit a criminal offense or encourage conduct that would constitute a criminal offense or give rise to civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including but not limited to export control laws and regulations governing the transmission, export, retransmission, or re-export of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially, or otherwise objectionable User Content; (iii) upload, post, email, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, email, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person; (v) alter, damage, or delete any User Content that is not your own, or otherwise interfere with the ability of others to access or use the Website; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to exchange information; (vii) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, email, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) impose an unreasonable load on the Website’s infrastructure or infect it with viruses, worms, or other malicious computer programs; (x) collect or store Personal Information about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Website or User Content, except as permitted by Section 5 above; (xii) harm minors in any way; (xiii) stalk or otherwise harass another person; (xiv) reverse engineer or decompile the software comprising the Website, except as permitted by applicable law; (xv) access the Website or any portion of the website without authorization or in a way that exceeds your authorization; and/or (xvi) provide false or misleading Personal Information or email addresses, or impersonate any other person or entity.

• Schoology's Rights

  Schoology shall have the right, but not the obligation, in its sole discretion to review, edit, or delete any User Content that: (a) violates any term of this Agreement; or (b) is otherwise illegal, offensive, or inappropriate. Schoology disclaims all responsibility for User Content, and the accuracy thereof, and all liability arising from such content, including from any use of such content. Schoology shall have the sole discretion to terminate your access to the Website. Nothwithstanding the Privacy Policy of the Website, to protect the integrity of Schoology and other users, Schoology will fully cooperate with any law enforcement authorities or court orders requesting or directing Schoology to disclose Personal Information of anyone who submits User Content to the Website, or uses User Content, in violation of the terms of this Agreement or applicable laws.

• Responsibility

  Schoology is not responsible for the conduct, whether online or offline, of any user of the Website. Schoology takes reasonable steps to protect the security and integrity of all personal information you provide to the Website; however, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. Schoology assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User Content. Schoology is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Website or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in any activities on the Website or downloading materials. We make no warranties the services will be timely, secure, uninterrupted, or error-free. You understand that if you download and/or use any material, you do so at your sole risk. Under no circumstances shall Schoology be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, any content posted on or through the Website, or conduct of any users of the Website, whether online or offline.

• Indemnification

  You agree to indemnify, defend and hold Schoology and its affiliates, and their respective successors, assigns, affiliates, directors, officers, agents, partners, and employees harmless from and against any claim or demand, including reasonable attorneys’ fees and amounts paid to settle claims or demands, made by any person due to or arising out of your use of the Website in violation of these terms and conditions and/or any breach of your representations, warranties and obligations set forth above and/or if any content that you post in User Content on the Website results in any third-party claims or actions against Schoology.

• Termination of Service

  You may discontinue your access to and use of the Website at any time. This Agreement will continue to apply to all past use of the Website by you, even if you are no longer using it. You acknowledge and agree that Schoology may terminate or block your use of all or part of the Website without prior notice for any reason, including, without limitation, if Schoology believes you have engaged in conduct prohibited by this Agreement. You agree that upon termination or discontinuance for any reason, Schoology may delete all information related to you on the Website, including any User Content you uploaded and posted, and may deny access of your use of the Website.

• Website Modification

  Schoology reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/or any of its features or functions, with or without notice. You agree that Schoology will not be liable to you or to any third party for any modification, suspension, or discontinuance of service.

• Violations

  Please report any violations of this Agreement to “admin@Schoology.com”.

• Miscellaneous

  Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between Schoology and you pertaining to your use of the Site and Service. These Terms and the Privacy Policy may be amended from time to time, and by using this Site and Service you agree to be bound by the latest version of these Terms and the Privacy Policy. You agree that your use of the Site and Service and any disputes relating thereto shall be governed in all respects by the laws of the State of New York, and any disputes shall be resolved solely in the state and federal courts located in Manhattan, New York. You agree to submit to the jurisdiction of the New York courts. Statute of Limitations: You agree that any claim or cause of action arising out of or related to use of the Site or Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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