Permission to use the Service requires that you:
- Have the permission of your school or school district to do so
- Schools/districts have their own policies on use of the Service, so please check with your school about the conditions for such use;
- Are using the Service for your own personal school-related purposes and not for commercial purposes except where expressly permitted;
- Do not copy or modify the Service or any part of the Service;
4. Abide by the terms and conditions set forth below.
Member Information and Security
As a condition of using this Site, you agree to (a) provide and maintain accurate and complete information about yourself on the Site ("Member Information"); (b) maintain the security of your password and identification; and (c) be fully responsible for any and all use of your account including any and all actions taken using your account, whether or not under your authorization.
The Service and all User Content may be subject to the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 CFR Part 99). FERPA is a Federal law that relates to student education records and the personal identification of students and parents. The following excerpt from the U.S. Department of Education provides an overview of FERPA’s main provisions (see http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html):
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR 99.31):
- School officials with legitimate educational interest;
- Other schools to which a student is transferring;
- Specified officials for audit or evaluation purposes;
- Appropriate parties in connection with financial aid to a student;
- Organizations conducting certain studies for or on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully issued subpoena;
- Appropriate officials in cases of health and safety emergencies; and
- State and local authorities, within a juvenile justice system, pursuant to specific State law.
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
Additional information about FERPA is available on the U.S. Department of Education website at www.ed.gov.
Proprietary Site Content
Proprietary Site Content
All content on the Site and available through the Service, including text, designs, logos, graphics pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. However, the foregoing does not apply to User Content (as defined below) that you legally post on the Site. The Company makes no representation that any Site Content or User Content is available for use or reproduction without permission of the owner of such content. Accordingly, users download, use, or otherwise reproduce Site Content and User Content at their own risk.
Limited License Eligible
User Code of Conduct
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. In particular, it is the user/teachers responsibility to provide parent notifications any/or any necessary parent permissions prior to uploading photos of minor students to the Site. For parents, if their child’s teacher is using the Site, the parent should notify the teacher if they do not wish their child to be depicted in any photos uploaded by the teacher to the Site. However, the Site provides private, password-protected classroom pages for its users in order to ensure privacy and security.
You understand and agree that we may, but are not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in our sole judgment violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you transmit to, post, or store on the Site. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non- exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Course Cracker does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Course Cracker Student Market
By using Student Market in any way, you agree to abide by and be bound by the following rules and guidelines. The Student Market serves as a venue where users can connect with other users who are offering various goods or services. Parties to a transaction are solely responsible for all related interactions and activities, including arrangements for payment and the exchange of goods and/or services. We do not review, warrant or guarantee the accuracy of any ads placed on the Student Market, nor do we review, warrant, or guarantee the quality of any goods or services offered via the Student Market, or any advertiser’s ability to deliver any goods or services. You acknowledge that Course Cracker is not responsible or liable for any action or inaction of any party to a transaction, including failure to perform or pay amounts due, to deliver any merchandise or services promised, or for any other aspect of the transaction. ANY AND ALL USE OF THE COURSE CRACKER STUDENT MARKET IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
COURSE CRACKER, COURSE TRACKER, and other Company graphics, logos, designs, page headers, icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or abroad and may not be copied, imitated, or used, in whole or in part, without the Company’s prior written permission. The Company's trademarks and trade dress may not be used in connection with any products or services in any manner that is likely to cause confusion as to the origin of the products or services.
Copyright Policies and Complaints
We respect the intellectual property rights of others and prohibit users from uploading, posting or otherwise transmitting via the Site any materials that violate the intellectual property rights of another party. When we receive a proper claim of alleged copyright infringement by a user, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act (“DMCA”) at 17 U.S.C. § 512. If you believe that any material on the Site infringes upon any copyright which you own or control, please fill out and submit our Automated DMCA form.
Conversely, we want to remedy any false claims of infringement. If you believe that content posted by you on the Site was removed by mistake, you can file a DMCA counter-notice by using our Automated DMCA counter-notice form. Upon receipt of a proper counter-notice form, we will forward it to the complaining rights owner. The DMCA permits us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.
In either case, users should not take claims of copyright infringement lightly. All users should be aware that the DMCA holds users liable for materially misrepresenting in a notice that material is infringing, or misrepresenting in a counter-notice that their content was removed by mistake. Therefore, if you are not confident in your claims, you should obtain legal counsel prior to submitting any DMCA notices or counter-notices.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat and/or willful infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site may contain (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Software or Content"). Such Third Party Sites and Third Party Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We care about the privacy of our users and respect the sensitivity of personal information collected by the Site in order to provide various features and services. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States. The following policy governs the use of personal information provided by users of the Site. By accessing and/or using the Site, you are agreeing to be subject to, and abide by, the following policies. To the extent that the Site contains links to third party websites, we cannot and do not make any representations or guarantees regarding the privacy practices or policies of such third party websites. As such, users should review the privacy policies of any third party websites that are linked to the Site.
User Information, Usage, and Security
As a user of the Site, you may provide various personal information upon creation of your user profile, including your name, email address, schools, majors, gender, birth date, and other related information. The Site also collects information regarding user’s access to, and activity on the Site, including the user’s browser type, browser cookies, IP address, and the frequency and duration of visits to various parts of the Site. The Site utilizes session cookies to indicate when a user is logged in as well as persistent cookies that store your Login ID for convenient login to the Site. Users can disable this persistent cookie via their internet browser.
Course Cracker users can set up personal profiles, make friends, post classified ads, refer friends to the Site, form study groups, upload and download documents, and perform various searches for people, classified ads, documents, and videos. Course Cracker maintains this information in order to optimize the user experience and provide related services and features. The Site may utilize user names and emails to send email notifications about new features/services, new messages, or friend requests. Users have the choice of opting out of receiving such email notifications, but the Site reserves the right to email users about various issues relating to a user’s account. Moreover, the Site allows users to search for other users based on name, school, major, and other criteria. Search results may include certain basic information such as a user’s name, major, city and school. This basic information may be viewed by other users and third party search engines regardless of privacy settings (i.e. even though the information is not viewable by other users). User Content is transmitted/uploaded to the Site at the user’s own risk and there is no guarantee that User Content will not be viewed by unauthorized parties. Users can utilize the Site’s privacy settings to limit the parties who have access to various information, such as user profile information and user documents. However, such security measures are not invulnerable or fool-proof and users should beware that information upload to, or transmitted on the Site, may become publicly accessible. Even after information has been deleted or removed, cached or archived copies of the information may continue to exist and may be accessed. Users should report any improper use of information.
Users can edit their profile if they wish to add, delete or change aspects of their profile (e.g. upload or delete documents, change personal information, etc.) and any such changes will take effect almost immediately. Deleted information may continue to exist in the form of backup copies for a reasonable period of time but will be generally not viewable by other users. However, once a user transmits information to another user (e.g. sending a message to another user), they will not be able to recall or remove such information.
User account information is stored on a secured server behind a firewall. Sensitive information such as user passwords is encrypted using industry-standard secure socket layer technology (SSL). However, information transmitted via email and instant messaging are not secure. As a result, it is recommended that sensitive/private information not be transmitted to the Site, to other users, or to third parties via email or instant messaging.
Third Party Information Disclosure and Advertising
Information posted or uploaded by a user to the Site (including personal profile information, comments, messages, photos, videos, classified listings or other information) may be shared with other users in accordance with the user-selected privacy settings, if any. Users share information with other users or third parties at their own risk and should be aware that such information may become publicly accessible.
Under limited circumstances, certain information in a user’s profile may be shared with third parties, without revealing the user’s identity, to gather information regarding user preferences and to provide more relevant services, advertisements, and enhance the user’s online experience. However, the Site will not provide user contact information to third parties without user consent. As a general policy, the Site will only share information with third parties where it is deemed reasonably necessary to providing and/or enhancing the Site’s services, as required by law, or with consent of the user. In some cases, we may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in order to comply with applicable laws. Such disclosures to third parties (including companies, courts, litigants, lawyers, or law enforcement) will be made when there is a good faith belief that such disclosure is necessary in order to comply with the law, prevent fraud or misuse, or to otherwise protect the Site’s integrity and interests.
We may provide information to third party service providers and advertisers in order to facilitate various services and features (including remote server hosting services, instant messaging, or advertising). When using these services, the internet protocol (“IP”) address of the computer you are using to access the website may be disclosed to those third-party companies, and we may use user information from a user’s public profile (such as age and gender) to display relevant ads to you. Third Party advertisers may also download cookies to your computer, or other instruments, in order to customize and monitor their advertising. We do not have any control over third party cookies or related instruments. These service providers may be given limited access to user information as reasonably necessary.
The Company is not responsible or liable in any manner for any User Content or Third Party Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Course Cracker, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company 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, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13 years of age. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules" (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Entire Agreement etc.