Welcome to studyrails.com brought to you by Studiolo Systems, Inc. Please feel free to browse, enjoy, and learn. studyrails.com provides its Services to you, subject to the following Terms of Use which may be updated from time to time without notice.
You can review the most current version of our service, studyrails.com at any time through www.studyrails.com. (“Site”). Studiolo Systems may offer other Services from time to time that may governed by different Terms of Use.
By accessing, browsing, and using the studyrails.com Site and its Services, you accept, without limitation or qualification, these TERMS AND CONDITIONS. If you do not wish to be bound by these TERMS AND CONDITIONS, you may not access or use studyrails.com.
1. Studiolo
Systems Service
Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
The studyrails.com Site comprises several modules ("Services") including, without limitation, calendaring along with other study aids. Studiolo Systems may add additional features to the current Service or change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TERMS AND CONDITIONS.
You acknowledge and agree that the Services are provided "AS IS" and that Studiolo Systems assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalizations.
In order to use studyrails.com, you must obtain access to the World Wide Web, either directly through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
2. Privacy
Policy
Because like you, we are Internet users concerned about privacy, we also are concerned about your right to privacy while accessing studyrails.com and using its Services. Please take the opportunity to review our PRIVACY POLICY.
3. Registration
To get started
with studyrails.com, you will need to obtain an account and password.
You are welcome to provide information about yourself in the Personal
Profile section of the Site. You are solely responsible for maintaining
the confidentiality of your account(s) and password(s), and for the
accuracy of the information that you may have provided to the Site.
Furthermore, you are responsible for all activities, charges, and liabilities
associated with your account(s). You must immediately notify Studiolo
Systems of any unauthorized use of your account(s), and you are responsible
for any unauthorized charges made on or through your account(s) until
Studiolo Systems receives such notification. You agree to (a) notify
Studiolo Systems of any unauthorized use of your password or user identification
and any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Studiolo Systems cannot and
will not be responsible for any loss or damage arising from your failure
to comply with this section.
You may not
transfer your account(s) to another person. In cases where you have
authorized or registered another individual, including someone under
age 13, to use your account(s), you are fully responsible for (i) the
online conduct of such user; (ii) controlling the user's access to and
use of the Services; and (iii) the consequences of any misuse. In the
event that you are under age 13, Studiolo Systems reserves
the right to provide access to your account to your parents, guardian
or other authorized adult, upon such adult's request. For additional
information on how we use your information, please see our PRIVACY
POLICY.
If you reside in the European Union, upon obtaining a Password for the use of the Site, you will be indicating your explicit consent that the personal information in the Personal Profile section, that has been provided, may be transferred and stored in countries outside the EU, including the United States. If you fail to provide your consent, you will not be permitted to access the Services. Your personal information shall only be used in accordance with Studiolo Systems' PRIVACY POLICY.
4. User Content
Any Content that you upload or otherwise make available ("User Content") into studyrails.com is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted Studiolo Systems, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content through the channel into which you have uploaded the User Content. You also permit any other user of studyrails.com with access to that content , subject to your restrictions, to access, view, store, and reproduce the User Content to the same extent permitted herein. To the extent that you develop or author User Content in studyrails.com, you may only use that Studiolo Systems-formatted User Content within your password protected area on the Site, however, you may use the User Content (without the Studiolo Systems formatting) in any other manner.
5. Copyright
You acknowledge that the studyrails.com Site, its Service(s), any underlying technology used in connection with studyrails.com, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Site are provided by Studiolo Systems or third-party providers and are the copyrighted works of Studiolo Systems and/or such third parties. Except as expressly authorized by Studiolo Systems or such third parties in this TERMS AND CONDITIONS or as may be posted on the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Studiolo Systems in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Content or the Services on any other server.
We encourage you to download and print a reasonable number of copies of Content for non-commercial personal or educational use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to studyrails.com and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by Studiolo Systems or the third-party provider on the Web page containing the applicable Content. You acknowledge that Studiolo Systems and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
6. Links
Some links on the Studiolo Systems Site lead to sites posted by independent site owners. Because Studiolo Systems has no control over these sites, Studiolo Systems is not responsible for such sites' accessibility via the Internet and does not endorse products, Services, or information provided by such sites. As such, Studiolo Systems shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any User or other Content, goods, or Services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Studiolo Systems and the linked sites. Studiolo Systems is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where Studiolo Systems would be responsible for the actions of their respective owners.
7. Conduct
You may only access the studyrails.com Site and its Service for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a 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 or retransmission 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, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, 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) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of studyrails.com or the Services, (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.
You acknowledge that Studiolo Systems does not pre-screen User Content, but that Studiolo Systems shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available through its Site. Without limiting the foregoing, Studiolo Systems has the right to remove any User Content that violates the TERMS AND CONDITIONS or is otherwise objectionable. You agree and acknowledge that Studiolo Systems may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TERMS AND CONDITIONS, respond claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of Studiolo Systems, its users and the public.
8. Disclaimer
of Warranty
STUDIOLO SYSTEMS IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY SITE AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN ANY SITE FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THIRD PARTIES OR OTHER USERS OF THE studyrails.com SERVICE.
YOU AGREE THAT YOUR ACCESS TO THE studyrails.com Site, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER STUDIOLO SYSTEMS, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
Studyrails.com
AND ANY OTHER SERVICES ARE PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND
NON-INFRINGEMENT. IN NO EVENT WILL STUDIOLO SYSTEMS OR ITS DIRECTORS,
OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES
(EVEN IF STUDIOLO SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS STUDIOLO
SYSTEMS, studyrails.com OR THE USE ANY OTHER SERVICES, INCLUDING
WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF
GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS
IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION,
OR UNAUTHORIZED ACCESS TO STUDIOLO SYSTEMS'S RECORDS, PROGRAMS, OR SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
STUDIOLO SYSTEMS'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW NOT TO EXCEED THE AMOUNT PAID FOR THE SERVICES.
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF STUDIOLO SYSTEMS.
9. Indemnification
You agree to indemnify and hold Studiolo Systems, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the TERMS AND CONDITIONS.
10. Trademark
Notice
Studiolo Systems, Studiolo Systems (digital design and word), Studiolo Systems.com, Studiolo Systems.com (design and word), STUDY RAILS, (design and word), Powered by Studiolo Systems, Powered by Studiolo Systems (design and word), Studiolo Systems logos, and the unique trade dress of the Studiolo Systems and Studiolo Systems.com are the trademarks, service marks, trade dress, and logos of Studiolo Systems Inc. All other trademarks, service marks, trade dress, and logos used in Studiolo Systems Site or other Services are the trademarks, service marks, trade dress, and logos of their respective owners.
11. Designated
Agent
The Digital Millennium Copyright Act, signed into law on October 28, 1998 amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, Studiolo Systems has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the studyrails.com Site. All inquiries into alleged copyright infringement on the studyrails.com Site or its Services should be sent to Studiolo Systems, Inc., 1Mufflin Place, Cambridge, MA 02138.
12. Local
Laws; Export Control
Studiolo Systems
controls and operates the studyrails.com Site from its headquarters
in the United States and makes no representation that the Content is
appropriate or available for use in other locations. If you use studyrails.com
and its Services from other locations, you are responsible for compliance
with applicable local laws, including, but not limited to, export and
import regulations of other countries, such as India. The Company also
disclaims responsibility for any user attempting to do business with
this Site from countries with which the United States has specifically
banned from trade and commerce, such as Cuba, Iraq, Syria and others
as listed on the U.S. Department of State’s website. Studiolo
Systems will not register any user from any barred country. Unless
otherwise explicitly stated, all marketing or promotional materials
found on the studyrails.com Site and its Services are solely directed
to individuals, companies, or other entities located in the United States.
13. Modifications
to the Service
Studiolo Systems reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the studyrails.com Site, or the any other Services (or any part thereof) with or without notice. You agree that Studiolo Systems will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
14. Termination
You may discontinue your participation in and access to studyrails.com at any time. The TERMS AND CONDITIONS will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that Studiolo Systems and its affiliates may terminate or block your use of all or part of the use of studyrails.com, without prior notice for any reason, including, without limitation, if Studiolo Systems believes you have engaged in conduct prohibited by this TERMS AND CONDITIONS. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to the Studiolo Systems websites and use of the Services.
15. General
By accessing
studyrails.com, you agree to the above stated TERMS AND CONDITIONS.
This Agreement is entered into in the Commonwealth of Massachusetts
and shall be construed in accordance with the laws of the Commonwealth
of Massachusetts, exclusive of its choice of law rules. Each party to
this TERMS AND CONDITIONS submits to the exclusive jurisdiction of the
state and federal courts having jurisdiction in the Commonwealth of
Massachusetts, Middlesex County, and waives any jurisdictional, venue,
or inconvenient forum objections to such courts. In any action to enforce
this TERMS AND CONDITIONS, the prevailing party will be entitled to
costs and attorney fees. In the event that any provisions of this TERMS
AND CONDITIONS are held to be unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary so that this TERMS
AND CONDITIONS shall otherwise remain in full force and effect. This
TERMS AND CONDITIONS and any posted guidelines or rules applicable to
certain Services within studyrails.com constitutes the entire understanding
between the parties pertaining to the subject matter hereof, and any
prior written or oral agreements between the parties are expressly canceled.
Please report any violations of the TERMS AND CONDITIONS through our
Contact Us webpage.
6. Children’s
Privacy
We are committed
to protecting the privacy of children. Please be aware that studyrails.com
is intended to be used to assist students in their learning and studying
process, as an aid, generally and is not designed to attract young children
for non-educational purposes. We do not collect personally
indentifiable information from any person , however, students of various
ages may utilize this Site. We will do our best to protect any mis-use
of any collected information. If you as a parent or guardian are concerned,
please and review our Privacy Policy or contact us through our Contact
Us webpage or [info@Studyrails.com.]
© 2007-2008 Studiolo Systems, Inc. All rights reserved.
Last updated: May 20, 2008