Welcome! The following terms serve as a contract that governs your use of our family of websites, applications and services (the “Service”).
BY SIGNING UP, OR ACCESSING OR USING THE SERVICE, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS (“AGREEMENT” OR “TERMS”) AND TO RESOLVE ANY DISPUTE BY ARBITRATION.
1. Summary of Terms
- These Terms have the same force and effect as an Agreement signed in writing.
- If you do not agree to these Terms, you may not use the Service.
- Each time you access, upload, or download any content from the Service, you signify your agreement to the then-current terms.
- This Agreement is subject to change at any time; therefore, you are responsible to review these Terms regularly to learn about any changes.
- We will post an updated version of these Terms if we modify them.
- You understand and agree that your ongoing use of the Service after we post or provide notice of the changes to this Agreement means that you accept and confirm that the updated Terms apply to you.
- The laws of the State of California govern this Agreement.
- ou agree to resolve any dispute with us as provided in the Dispute Resolution Procedures described in Sections 22 and 23 below, which include arbitration and the options you have with arbitration.
- We use the term “You” to mean the person or entity who will access or use the Service as an end user.
- The term “Login” means the combination of unique username and password that is used to access our Service. A login is a license to use a site, application or service for a period of time that is specified.
- “Membership” or “Members” means a single registration and/or subscription account per user of a valid username and password (login) for the service during the term of a subscription.
- “We” or “us” in this Agreement shall mean: StudyMode.com, its brands, affiliates, subsidiaries and operating divisions.
2. About the Service
- The Service comprises our family of online websites, applications and services that offer members access to databases and content, and give members the opportunity to share their own content.
- You will be able to use the same User ID and passwords to access all of our services and brands as part of a “single sign-on” process.
Although registration is not required to visit the Service’s websites, you will need to register to access certain services. In order to sign up for a membership, you must:
- Provide true, complete and up-to-date registration information about yourself;
- Agree to abide by these Terms; and
- Have legal capacity to enter into contracts.
- We reserve the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time.
- You will need to establish a login account to access certain features of the Service.
- We may refuse the use of any login that we determine is unacceptable.
- Only one user is permitted per login and membership account.
- As part of our single sign-on process, you authorize us to access our other affiliated websites, applications and services on your behalf using the login account credentials you set up for the Service.
4. Your responsibilities. You are responsible for the following:
- To keep secure (a) your User ID and (b) all devices that You use to access the Service;
- For all conduct on the Service that is associated with Your User ID, including without limitation, activities that occur under Your account if others can access Your account through any of Your devices that are lost or stolen.
- You may not share your login credentials with anyone else, or allow other users to access the Service through your login and membership account.
- You may not under any circumstances release your login to any other person, and you are required to keep your login strictly confidential.
You understand and agree that we may track through the use of special software each subscriber’s entry to the Service to ensure compliance with these terms.
- You will remain liable for unauthorized use of the Service until we are notified of the security breach by email or telephone.
- You agree to assume the responsibility to notify us immediately if any breach of security, theft or loss of login, or unauthorized disclosure of login information occurs.
5. Ownership rights
Copyright law and other intellectual property laws and treaties protect the content and applications offered by or through the Service. The Service includes content owned or controlled by us as well as content owned or controlled by third parties and our end users that are licensed to us. The respective owners of the content and we reserve all rights not specifically granted to you. You may not reverse engineer, decompile, or disassemble any aspect of the Service. You may not modify, adapt, or create derivative works from the Service. Do not remove proprietary notices. Do not help anyone else to do any of the things prohibited in this paragraph.
6. We are not obligated for content provided by others
- The research materials and other content offered on the Service are provided “as is” by others and made available for research, reference, informational and entertainment purposes only.
- You understand and agree that the Service may contain content licensed to us by third party providers or by end users of the Service. We are not responsible or liable for content or materials that are prepared by, posted or provided by others and by our advertisers.
- We are not responsible for content on the Internet, including any websites or content linked from the Service.
- We have no duty to pre-screen content, although we may do so in our sole discretion and without liability to you. We do not condone, encourage, or knowingly take part in plagiarism, unauthorized copying or redistribution of content or any other acts of academic fraud or dishonesty. We reserve the right to remove content from the Service for any reason, but we are not responsible for any failure or delay in removing such material.
7. Authorization of Use
- Provided that you have a valid and active membership, we grant you a single login to access the service or material located at the Service. This login shall be granted for sole use to one end user per membership account.
- All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of the Service or any material found within is strictly prohibited unless authorized by us.
- No material within the Service may be transferred to any other person or entity, whether commercial or non-commercial.
- You may not modify, alter, resell, redistribute, sublicense, display or make derivative works of any materials or content provided on the Service.
- We may in our reasonable discretion terminate this login at any time if the terms of this Agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Service.
8. Usage Rules
You must comply with all laws and these Terms. You may not violate the rights of others. You are responsible for maintaining at your own expense the equipment and Internet access that you will need to use the Service. You must back up at your own expense any data, such as contact information, files and other data that you desire to keep.
You may use the Service and its content and materials to conduct research and as example documents for research use. You must properly cite and attribute any information that you may use from the Service. You may not submit, offer links from, share, post or transmit through the Service any material, or otherwise engage in any conduct that:
- Constitutes plagiarism, academic fraud or dishonesty, or unauthorized copying of any content;
- Is false, fraudulent or misleading (including any negligent misrepresentations),
- Violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- Offers for sale any content or products;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Impersonates any person, business or entity, including our employees and agents;
- Contains viruses, Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Offers, promotes or encourages betting or wagering prohibited by law;
- Violates this Agreement, guidelines, the anti-spam terms below, or any policy posted on the Service;
- Interferes with the use of the Service by others;
- Attempts to frame or redistribute the Service;
- Insert your own or a third party’s advertising, branding or other promotional content into any of the Service content, materials or services;
- Engage in the practices of “screen scraping”, “database scraping,” or any other activity with the purpose of obtaining and/or copying our database, our lists of users or other information;
- Offers content that is completely commercial in nature, (i.e. ads);
- Offers content that merely links to third party sites.; or
- Modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any legends, notices, or markers, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted in these Terms.
We may take any legal and technical remedies to prevent the violation of this Agreement.
9. No Spam
You may not use the Service to transmit, directly or indirectly, any spam or other form of unsolicited bulk communications. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. We may terminate your membership and access to the Service immediately and take any other legal action if you, or anyone using your login violates these provisions.
We do not claim ownership in any content or materials that you may post or submit through the Service. If you share or post content, including without limitation, your own research papers (“Submission”) to the public or to public areas on the Service, you understand that other users will have access to this content. By uploading, posting or otherwise offering the Submission, you expressly grant us a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with right to sublicense) to the Submission, including without limitation the right for us or any third party designated by us to: use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future. We reserve the right, but we have no obligation, to edit your Submissions. We may use any comments, suggestions, complaints or other feedback you provide to us regarding our Service in any manner whatsoever for no compensation, attribution and without limitation of any kind. You may only upload or post Submissions in which you are the original author and hold all rights to convey to us under this Agreement. By uploading or posting a Submission to the Service, you certify, represent and warrant to us that:
- Each Submission is your original work of authorship;
- You have the full power and authority to (i) make this Agreement, (ii) grant us the rights to use the Submission you provide to us, and (iii) post each Submission to the Service;
- You have not granted any exclusive rights to your Submission to anyone else;
- Your Submission does not infringe any copyright, nor violate any proprietary rights, nor contain any libelous matter, nor invade the privacy of any person;
- Your Submission has not in any way been sold, mortgaged or otherwise disposed of and are free from liens and any claims;
- Your Submission is based on facts that you have researched and verified;
- Your Submission is not a plagiarized work of another; and
- Your Submissions contain complete and accurate citations and comply with standard citation styles (e.g., MLA, etc.).
At any time, and without cause, we may cancel or terminate your access or membership in our sole discretion.
13. Electronic Messaging
- By agreeing to receive StudyMode’s notifications you are allowing us to send emails regarding your account which may include but not limited to an action you took directly, an action you were a target of, or an inaction on your part. You can unsubscribe from notifications at any time via the unsubscribe links found on every email or via your account settings page.Marketing Emails
By agreeing to receive StudyMode’s newsletter you are allowing us to send you emails or other electronic messages containing news, updates and promotions relating to StudyMode products. You can unsubscribe at any time via the unsubscribe links found on every email or via your account settings page.
Our Service may from time to time be supported by advertising revenue and that such advertisements may be targeted to the content of information. As consideration for your use of the Service, you consent to our placements of such advertising.
15. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. You must comply with all local laws within the territories that you access the Service.
16. Disclaimer Of Warranties
We provide the Service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of the Service. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICE AND ITS CONTENT AND MATERIALS WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE AND ITS CONTENT ENTIRELY AT YOUR OWN RISK.
17. Liability Limitation
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF THE SERVICE IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON YOUR USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
18. Release, Indemnity
By availing yourself of your use of the Service, you agree to release and hold us and our employees, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers or sources of information or data and legal advisers harmless from any and all losses, damages, rights, claims, and actions of any kind arising from or related to your use or misuse of the Service.
19. Electronic Agreement, Notice
We transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the appropriate Web page. By using the Service or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of either (i) accessing and using the Service and/or (ii) registering with us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
20. General Terms
- These terms make up the entire agreement between you and us regarding your use of the Service.
- We may assign this contract, in whole or in part, at any time, with or without notice to you.
- You may not assign this contract, or any part of it, to any other person. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
- If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
21. Procedures for Making Claims of Copyright Infringement
We are committed to complying with U.S. Copyright and related laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”), the pertinent portion, which you can review by clicking here. It is our policy to (1) block access or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that your copyrighted work has been copied and is accessible on our Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on this Service where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Your name, address, telephone number, and email address so that we may contact you.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement on this Service can be reached as follows:
Study Mode, LLC.
1680 Vine Street Suite 1200
Hollywood, CA 90028
If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact our DMCA agent identified above and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to the email address listed above. Upon our receipt of a counter notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures regarding counter notification. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Please note that you may be held liable for money damages if you materially misrepresent that an activity is infringing your copyrights. This contact information is only for reporting copyright infringement. Please see the Questions and Contact Information section for contact information for other topics.
22. Dispute Resolution
For any dispute that you have with us, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 23 below. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration as described below.
- WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW AND TO THE EXTENT PERMITTED BY LAW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT OR OUR SERVICES, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION. We each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). THIS PROVISION APPLIES TO ANY USER WHO REGISTERS FOR ANY OF OUR PRODUCTS AND SERVICES ON OR AFTER APRIL 10, 2012.
- If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent to begin arbitration. The American Arbitration Association (AAA) will arbitrate all disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules.
- An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs.
- CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
- JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
24. Questions and Contact Information
All questions regarding these terms and conditions must be directed to:
Study Mode, LLC.
1680 Vine Street Suite 1200
Hollywood, CA 90028
25. Terms if You Make Purchases from Us
This section applies for any purchases or fee-based memberships and services that you may have with us.
- Billing – You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase. When you make a purchase from us, you must provide us with a payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method. You will pay service charges in advance. You are liable for charges incurred by you until termination of service. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
- Automatic Recurring Billing – As determined by the content provider of the Service, subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber seven (7) days before renewal. Unless and until this Agreement is cancelled in accordance with the terms hereof, you hereby authorize us to charge your chosen payment method to pay for the ongoing cost of membership. You hereby further authorize us to charge your chosen payment method for any and all additional purchases of services and entertainment provided by the Service.
- Electronic Receipt – You will receive an email receipt to the email address you provided upon initial subscription of your membership. You may, at any time, request a copy of the account of charges made for the life of their membership to the Service. You agree that you forego this right if such request is not made. Requests must be made directly to us. To contact us, refer to the Questions and Contact Information detailed in Section 24.
- Refunds – Subscription fees are NOT refundable if you request to cancel or terminate your membership. Should a refund be issued by us, all refunds will be credited solely to the payment method used in the original transaction. We will not issue refunds by cash, check, or to another credit card or payment mechanism.
Last Updated: March, 31st 2016