Welcome to www.Studygig.com (the “Service”). By using the Service, you agree to comply with and be legally bound by these terms and conditions and any related rules, policies or disclaimers with respect to the Service (collectively, the “Terms”).
PLEASE READ THE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF you do not accept the Terms, do not use the SERVICE. your use of the Service WILL SIGNIFY YOUR acceptance of the Terms from that point onwards.
Studygig may change, revise, amend or modify the Terms at any time (the “Additional Terms”), which shall be automatically effective upon their posting to the Service. Your continued use of the Service will signify your acceptance of the Additional Terms. If you do not accept the Additional Terms, your sole and exclusive remedy is to discontinue your use of the Service.
1. Definitions. For purposes of the Terms: (i) “User,” “you” and “your” means an individual or entity that creates an account on the Service.; (ii) “we,” “us” and “our” means Studygig; (iii) “Post means any Content posted, uploaded and otherwise provided to the Service by a User.
2. Terms and Conditions. By using the Service, you acknowledge the following:
2.1 Third-Party Content. The Service is only an Internet-based venue for informational and educational purposes. The Users, not Studygig, provide the Service with content in the form of text, files, images, photos, works of authorship, Questions, Answers and any other material or information that is uploaded to, posted to or otherwise communicated by Users on the Service (collectively, “Content”). Studygig does not provide any Content, and is not liable for any Content.
2.2 Content Not Private or Confidential; Anonymity. Content is not private or confidential and may be read, collected, and used by others. To better protect your privacy, do not include information regarding your identity or contact information in Content that you post or upload to the Service.
2.3 Informed Consent. You represent and warrant that you have read and understood the Terms in their entirety.
3. User Accounts
3.1 User Accounts; Restricted Activities; Suspension or Termination of Service. When you register as a User on the Service, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Studygig of any unauthorized use of your password or account. You should only create one account on the Service. If any Studygig account of yours has been suspended or terminated, you may not open another account on the Service. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Studygig accounts. Any content you provide on the Service and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (Studygig strictly follows DMCA guidelines for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state, or local law, statute, ordinance, regulation or ethical code, including the rules and regulations of your educational institution; (d) be competitive with Studygig or the Service (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Service without Studygig's prior written consent. You are prohibited from soliciting Users of this Service for any purpose (including inviting other Users to contact you off of the Service or inviting Users to participate in a website that competes with Studygig or the Service). If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to info@Studygig.com. Cancellations will be effective within 7 business days. All debts and fees must be paid before cancellation can take effect. Termination of your account does not affect your liability or obligations under the Terms. At any time, without notice, for any or no reason, Studygig reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service, and to suspend or terminate Users’ accounts.
3.2 Daily Downloads. The User may download Content in PDF, Word, PowerPoint or other electronic format. Studygig limits the number of document downloads per day. Studygig has the right to modify the download limit or any terms associated with document downloads at any time. Users have the option to use our Dashboard feature to favourite documents and to view documents online.
3.3 Termination of your Account. You can terminate your account at any time by emailing email@example.com. Studygig reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
3.4 Password. When you create an account on the Service, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify Studygig immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Legal Statements
4.1 Release. Users are responsible for their acts and omissions and content placed on the Service. Because the Service is a venue, in the event that you have a dispute with one or more Users, you release Studygig (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4.2 Proprietary Rights in Website Content; Limited License. (a) Studygig does not claim any ownership rights in the Content. After posting your Content to the Service, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing or otherwise posting any Content on or through the Service, you hereby grant to Studygig a limited license to use, publicly display, read, parse, alter or rearrange, reproduce, sell and distribute such Content solely on and through the Service.
(b) The license you grant to Studygig is non-exclusive (meaning you are free to license your Content to anyone else in addition to Studygig), fully-paid and royalty-free (meaning that Studygig is not required to pay you for the use on the Service of the Content that you post), sublicensable (so that Studygig is able to use its affiliates, publishing partners and subcontractors such as Internet content delivery networks to provide the Service), and worldwide (because the Internet and the Service are global in reach). This license will terminate at the time you remove your Content from the Service and you pay the prevailing subscription price for the period of free membership obtained from such and any other content contribution. YOU REPRESENT AND WARRANT THAT (i) YOU OWN THE CONTENT POSTED BY YOU ON OR THROUGH THE SERVICE OR OTHERWISE HAVE THE RIGHT TO GRANT THE LICENSE SET FORTH IN THIS SECTION, AND (ii) THE POSTING OF YOUR CONTENT ON OR THROUGH THE SERVICE DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON. YOU FURTHER REPRESENT AND WARRANT THAT THE CONTENT POSTED BY YOU IS (i) YOUR OWN UNIQUE PRESENTATION, ORGANIZATION AND INTERPRETATION OF COMMONLY AVAILABLE FACTS; (ii) NOT A VERBATIM TRANSCRIPTION OF MATERIAL WRITTEN OR PRESENTED BY ANY UNIVERSITY EMPLOYEE; AND (iii) OTHERWISE FREE FROM COPYRIGHT. YOU AGREE TO PAY FOR ALL ROYALTIES, FEES, AND ANY OTHER MONIES OWING ANY PERSON BY REASON OF ANY CONTENT POSTED BY YOU TO OR THROUGH THE SERVICE.
(c) The Service contains Content of Studygig (the “Company Content”). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and Studygig owns and retains all rights in Studygig Content and the Service. Studygig hereby grants you a limited, revocable, non-sublicensable license to reproduce and display Studygig Content (excluding any software code) solely for your personal use in connection with viewing the Service.
(d) The Service contains Content of Users and other Company licensors. Except for Content posted by you, you may not modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service except in connection with your use of the Service unless approved in writing by Studygig. You understand and agree that monetary damages may be inadequate to compensate Studygig for your breach or prospective breach of the preceding sentence. Accordingly, without prejudice to the other rights and remedies otherwise available to Studygig, you agree and acknowledge that Studygig shall be entitled to equitable relief, including injunctive relief and specific performance, for any such breach or prospective breach.
4.3 Copyright Policy; Notice of Infringement. (a) You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others except in connection with your use of the Service without obtaining the prior written consent of the owner of such proprietary rights. It is Studygig's policy to respond to clear notices of alleged copyright infringement.
(b) Studygig will remove or disable access to material claimed to be the subject of infringing activity and/or terminating users in DMCA-compliant takedown requests. If Studygig removes or disables access in response to such a notice, Studygig will make a good-faith attempt to contact the provider of the allegedly infringing material so that they may make a counter notification. Studygig has adopted and implemented a repeat infringer policy whereby Studygig terminates that account of users who receive more than two counts of infringement.
(c) To file a notice of copyright infringement with Studygig, you will need to provide a written communication that sets forth the items specified below. Pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act (the “DMCA”), please use the following format (including section numbers):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site” as required by 17 U.S.C. § 512(c)(3)(A)(ii).
2. Information reasonably sufficient to permit the service provider to locate the material as required by 17 U.S.C. § 512(c)(3)(A)(iii), preferably the URL of the allegedly infringing content. Please provide the specific document URL (i.e., not school, department or course URL) of the work.
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted, as required by 17 U.S.C. § 512(c)(3)(A)(iv). (email address is preferred).
4. A statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law” as required by 17 U.S.C. § 512(c)(3)(A)(v)
5. A statement that the information in your letter is accurate, and under penalty of perjury, that you are “authorized to act on behalf of the owner of an exclusive right” as required by 17 U.S.C. § 512(c)(3)(A)(vi).
6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” as required by 17 U.S.C. § 512(c)(3)(A)(i).
7. Send the written communication to:
4.4 Content Posted. (a) Studygig may delete and/or alter any Content that in the sole judgment of Studygig violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Studygig assumes no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time Studygig chooses, in its sole discretion, to monitor the Service, Studygig nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Studygig has the right to delete any content at any time for any reason or no reason at all.
(b) You are solely responsible for the Content that you post on or through the Service. Studygig does not endorse and has no control over the Content. Content is not necessarily reviewed by Studygig prior to posting and does not necessarily reflect the opinions or policies of Studygig. Studygig makes no warranties, express or implied, as to the Content.
4.5 Eligibility. Use of the Service is void where prohibited. By using the Service, you represent and warrant that (i) all registration information you submit is truthful and accurate, (ii) you will maintain the accuracy of such information, and (iii) your use of the Service does not violate any applicable law or regulation.
4.6 Term. This Agreement shall remain in full force and effect while you use the Service. Studygig may terminate your account at any time, without warning.
4.8 Disclaimers. Studygig is not responsible for any incorrect or inaccurate Content posted on or otherwise communicated in connection with the Service, whether caused by Users of the Service or by any of the equipment or programming associated with or utilized in the Service. Profiles created and posted by Users on the Service may contain links to other websites. Studygig is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Studygig. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by Studygig. When you access these third-party sites, you do so at your own risk. Studygig takes no responsibility for third party advertisements, which are posted on or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers. Studygig is not responsible for the conduct, whether online or offline, of any User of the Service. Studygig assumes no responsibility 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 communication. Studygig 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 any of the Service or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Studygig be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at a Company event, from any Content posted on or through the Service, or from the conduct of any Users of the Service, whether online or offline. The Service are provided “AS-IS” and as available and Studygig expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Studygig cannot guarantee and does not promise any specific results from use of the Service.
4.9 Information Control and Storage. We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Service. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Service, you agree to accept such risks and that Studygig is not responsible for the acts or omissions of Users on the Service. The amount of storage space per User is currently limited. You agree that Studygig is not responsible or liable for the deletion or failure to store content and/or other information.
4.10 Exclusion of Warranties. Studygig SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. Studygig DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Studygig DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, Studygig’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL Studygig BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE, FROM THIRD PARTIES (SUCH AS USERS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SERVICE IS AT USERS’ SOLE RISK.
4.11 Limitation of Liabilities. IN NO EVENT SHALL Studygig, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SERVICE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SERVICE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Studygig IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You and Studygig agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
4.12 Indemnity. You agree to indemnify and hold Studygig, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on or through the Service causes Studygig to be liable to another.
Last updated: June 10, 2011