Terms of Service

The following Terms of Service govern all use of the Scholars website and all content, services and products available at or through the website (will also be referred to as 'the Website').

The Website is offered subject to your acceptance without modification of all of the Terms of Service contained herein and all other operating rules, policies (including, without limitation, Scholars Privacy Policy) and procedures that may be published from time to time on Scholars website (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the Terms of Service of this agreement.

If you do not agree to all the Terms of Service of this agreement, then you may not access the Website or use any services. If these Terms of Service are considered an offer by Scholars, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Scholars Account and Reading Rooms

If you create a reading room on the Website, you are responsible for maintaining the security of your account and reading room, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the reading room.

You must not describe or assign keywords to your reading room in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Scholars may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Scholars liability.

You must immediately notify Scholars of any unauthorized uses of your reading room, your account or any other breaches of security. Scholars will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you operate a reading room on the Website, comment on a reading room, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• Your reading room is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other forums and web sites, and similar unsolicited promotional methods;
• Your reading room is not named in a manner that misleads your readers into thinking that you are another person or company;
• You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Scholars or otherwise.

By submitting Content to Scholars for inclusion on your reading room, you grant Scholars a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your reading room.

If you delete Content, Scholars will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Fees and Payment

By selecting a subscription plan you agree to pay Scholars the monthly or annual subscription fees for the service and additional usage fees indicated for that subscription plan.

Payments will be charged on the subscription start date and will cover the use of the service for a monthly or annual period as indicated. Subscription fees are not refundable and are paid in advance of using such services.

Scholars reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Unless otherwise stated in your subscription agreement, the subscription can be canceled by you at anytime. No refunds are provided for unused service portion of the billing period following cancellation.

Responsibility of Website Visitors

Scholars has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects.

By operating the Website, Scholars does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Scholars disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Copyright Infringement and DMCA Policy

As Scholars asks others to respect its intellectual property rights, it respects the intellectual property rights of others.

If you believe that material located on or linked to by Scholars, the Website or any of the reading rooms violates your copyright, you are encouraged to notify Scholars. Scholars will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Intellectual Property

This Agreement does not transfer from Scholars to you any Scholars or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Scholars.

Scholars, scholars.io, the Scholars logo, and all other trademarks, service marks, graphics and logos used in connection with Scholars, or the Website are trademarks or registered trademarks of Scholars or Scholars's licensors. Your use of the Website grants you no right or license to reproduce or otherwise use any Scholars or third-party trademarks.

Termination

You may terminate your account on Scholars at any time by contacting hello@scholars.io. There are no refunds for any fees paid.

Scholars may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Website is provided "as is". Scholars and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither Scholars nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will Scholars, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Scholars under this agreement during the twelve (12) month period prior to the cause of action. Scholars shall have no liability for any failure or delay due to matters beyond their reasonable control.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the Scholars Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Scholars, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Scholars and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Scholars, or by the posting by Scholars of a revised version.

The Agreement shall be governed by the laws of Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.

Contact Us

If you have any questions about these Terms of Service, please contact us at hello@scholars.io.