1. Terms Of Service.
1.1. Access and Use of Services.
Without limiting the foregoing, the permission granted to Customer to access and use the Services is based on Customer’s agreement to not access or use the Services for: (i) developing a product or service that could reasonably be regarded as being competitive with the Services, or (ii) monitoring the availability, performance or functionality of the Services, or for any other benchmarking or competitive purpose.
Customer shall not, and shall not permit third parties to, block, mask or obscure advertisements that appear on the Website.
1.2. No Double Registration.
Company will provide Customer with the opportunity to reject individual scholarship providers. Customer agrees to reject any scholarship provider to which Customer or anyone on Customer’s behalf has applied in the past. Customer acknowledges that any failure to reject duplicative applications may disqualify Customer’s other applications, and Customer hereby waives all claims against Company relating to such disqualification.
1.3. Additional Services
The Official Rules attached hereto as Exhibit A constitute an Additional Agreement for Company’s scholarship sweepstakes Additional Services, and Customer agrees to such Official Rules.
1.4. Customer Account
To access the Services, Customer must create an account associated with a valid email address (“Account”). When Customer signs up for the Services, Company shall create a dedicated email address on behalf of Customer with Bursity.org, Bursity.ca, or Bursity.us (“Company Email Address”). Customer is solely responsible for Customer’s Account, including for: (i) controlling the access to, and use and security of, the Account and Customer’s Content (as defined below), (ii) maintaining the security of the passwords and other measures used to protect access to the Account, and (iii) all instructions provided to Company through the Account, whether or not authorized by Customer. Company is not responsible for unauthorized access to the Account. Customer will contact Company immediately if Customer believes an unauthorized third party may be using the Account. Nothing in the foregoing requires Company to monitor the Account for unauthorized access or any other security breach.
“Customer’s Content” shall mean any information Customer has provided or has been collected in connection with establishing the Account or using the Services.
1.5. Separate Services; Disclaimer.
1.6. Third Party Services.
1.7. Services Changes.
Company may change or discontinue any of the Services or change or remove features or functionality of the Services from time to time, without any liability to Customer. Company will use commercially reasonable efforts to notify Customer of any material change to or discontinuation of the Services.
1.8.Suspension of Services.
2. Term and Termination.
2.2. Termination for Convenience.
2.3. Termination for Breach and Other Reasons.
2.4. Effect of Termination.
3. Acceptable Use.
3.1. Customer shall use the Services in compliance with all applicable laws, ordinances, rules and regulations, shall not violate or attempt to violate Company’s system or network security, and shall not misuse the Services in any way. Customer shall not (i) engage in, solicit, or promote any activity that is illegal, invasive, violates the rights of others, or could subject Company to liability to third parties, (ii) submit Customer’s Content that is defamatory, misleading, fraudulent, obscene, distasteful, harassing, discriminatory, racially or ethnically offensive, contains sexually suggestive or explicit content, facilitates or promotes illegal activity, or contains illegal content, (iii) distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a disabling, destructive, damaging, or deceptive nature, or (iii) disable, interfere with, or circumvent any aspect of the Services.
Customer hereby irrevocably and in perpetuity grants to Company, those acting under Company’s authority, and any third party sponsor or co-sponsor of a scholarship (“Scholarship Partner”) the unrestricted, absolute, perpetual, worldwide right and license to use Customer’s name, address, photograph, likeness, voice, biographical and personal information, statements, Scholarship Sweepstakes application, essays, and any photograph, film, video, audio recording or other recording taken of Customer or such materials (collectively, “Promotional Content”), and all in connection with marketing purposes; and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used, the Promotional Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media whatsoever, in connection with such marketing purposes; and all the foregoing without any compensation, royalties, remuneration or consideration to Customer or to any third party, and Customer hereby waives all claims to compensation, royalties, remuneration, consideration, notice or permission in connection therewith.
5. Customer’s Warranties.
Company shall promptly notify Customer of any claim subject to indemnification, provided that Company’s failure to do so shall not affect Customer’s obligations hereunder, except to the extent that Company’s failure to promptly notify Customer materially delays or prejudices Customer’s ability to defend the claim. At Company’s option, Customer will have the right to defend against any such claim with counsel of Customer’s own choosing (subject to Company’s written consent) and to settle such claim as Customer deems appropriate, provided that Customer shall not enter into any settlement without Company’s prior written consent and provided that Company may, at any time, elect to take over control of the defense and settlement of the claim.
7. Disclaimers of Warranties and Limitation of Liability.
7.1. Disclaimer of Warranties.
7.2. Limitation of Liability.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND CUSTOMER MAY HAVE ADDITIONAL RIGHTS.
8. Proprietary Rights and Confidentiality.
8.1. Customer’s Content.
As between Company and Customer, Customer owns all right, title and interest in and to Customer’s Content.
As between Company and Customer, Company or its licensors own and reserve all rights, title and interest in and to the Services, Company’s trademarks, logos and service marks and all modifications to any of the forgoing and all related intellectual property rights, including, without limitation, all content accessible from the Website (other than Customer’s Content), whether registered or not and whether registerable or not. Customer is required to retain all copyright, trademark and other notices on any copies Customer makes of the Website or any content contained therein.
Should Customer provide Company with any suggestions or ideas pertaining to the Services (“Suggestions”), Company will own all right, title and interest in and to the Suggestions and will be free to use the Suggestions for any purpose without any liability or payment to Customer. Customer hereby irrevocably assigns to Company all right, title and interest in and to Suggestions and agrees to provide Company with reasonable assistance, at Company’s cost, required or desirable in order to document, perfect and maintain Company’s rights in the Suggestions.
Customer agrees not to use any Confidential Information of Company except in connection with Customer’s authorized use of the Services. “Confidential Information” means all non-public information disclosed by Company to Customer in connection with the Services, that Customer should reasonably understand to be confidential, including all non-public aspects of the Services.
8.5. Links to Website.
Customer may link to the Website by using a text link and linking to the Website homepage or any other webpage or content contained on the Website, provided that the link Customer creates and the pages that are activated by the link do not: (i) duplicate Website content, (ii) frame or create a border around Website content or any pages on the Website, or use other techniques that alter in any way the visual presentation or appearance of any content on the Website, (iii) misrepresent your relationship with us or otherwise create a false affiliation, connection or association with us, (iv) imply that we approve or endorse Customer, Customer’s website or the content contained thereon, or Customer’s goods or services, (v) present false or misleading impressions regarding Company or otherwise damage any goodwill associated with Company’s name, Website, scholarships, other goods or services, or trademarks, (vi) use Company’s trademarks in page text, metatags or hidden text in order to gain higher rankings from search engines, or (vii) use Company’s name, trademarks, or Customer’s relationship with Company, in a promotional manner without Company’s prior written permission.
9. Governing Law & Jurisdiction.
10.4. Force Majeure.
10.8. Entire Agreement.