Scholica terms of use.

These Terms of Use are effective starting July 20, 2013.
By accessing or using the Scholica website, the Scholica service, or any applications (including mobile applications) made available by Scholica (together, the "Service"), you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Scholica BV ("Scholica"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
 

Basic Terms

  1. You must be at least 18 years old to create a Scholica Community (“Community”) via the Service. There is no age limit for using the Service.
  2. You may not post violent, unlawful, infringing, hateful or sexually suggestive content via the Service.
  3. You are responsible for any activity that occurs through your account and you agree you will not transfer or assign your account, courses, username, or any account rights. You also represent that all information you provide or provided to Scholica at all times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy in the furthest possible extend for the kind of account you have at the Service.
  4. You agree that you will not solicit, collect or use the login credentials of other Scholica users.
  5. You are responsible for keeping your password secret and secure.
  6. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (federal, state, local and provincial laws) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  7. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  8. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Scholica.
  9. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications to any Scholica users.
  10. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed.
  11. You must not create Communities with the Service through unauthorized means, by using an automated device, script, bot or spider.
  12. You must not attempt to restrict another user from using the Service and you must not encourage or facilitate violations of these Terms of Use or any other Scholica terms.
  13. Violation of these Terms of Use may result in termination of your account. You understand and agree that Scholica cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Scholica, we can stop providing all or part of the Service to you.

Conditions

  1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service, your files, texts, information, and all other data (Content) will no longer be accessible through your account, but those materials and data may persist within the Service.
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine violates these Terms of Use.
  6. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Scholica is not responsible or liable for the conduct of any user. Scholica reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  7. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including modules that connect the Service or your profile on the Service with a third-party web site or feature. Scholica does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Scholica is in no way responsible or liable for any such third-party services or features. You may choose, at your sole and absolute discretion and risk, to use modules that connect the Service or your user account on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather information from and to your account on the Service. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your user account on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Scholica has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Scholica harmless for activity related to the Application.
  8. You agree that you are responsible for all data charges you incur through use of the Service.
  9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means. The only exception to this is the Scholica API (“API”).

Rights

  1. Scholica does not claim ownership of any Content that you post on or through the Service. Scholica personnel or personnel of Scholica’s partners will not access your data unless issues arrive that call for this measure.
  2. You represent and warrant that: (i) you own the Content posted by you on or through the Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  3. The Service contains content owned or licensed by Scholica. Such content is protected by copyright, trademark, patent, trade secret and other laws. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying this content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the herefore mentioned content.
  4. The Scholica name and logo are trademarks of Scholica, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Scholica.
  5. Although it is Scholica’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Consequently, Scholica encourages you to maintain your own backup of your Content. In other words, Scholica is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup. Scholica will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  6. You agree that Scholica is not responsible for, and does not endorse, Content posted within the Service. Scholica does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

Disclaimer

 
THE SERVICE, INCLUDING, WITHOUT LIMITATION, SCHOLICA CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SCHOLICA NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SCHOLICA CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SCHOLICA OR VIA THE SERVICE. IN ADDITION WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. SCHOLICA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. SCHOLICA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SCHOLICA DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SCHOLICA DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.