Terms of Use
StudentMASH.com Terms of Use Agreement
PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES
These Terms of Use govern the use of www.studentmash.com (the "Site") by users (”User” or “you”) and your relationship with StudentMASH.com and its owners (“StudentMASH.com” or "we" or "us"). Please read them carefully as they set out the legally binding terms of your use of the Site. If you do not agree to these Terms of Use, please do not register with or use the Site and please discontinue using the Site immediately because by using this Site you are entering into a legally binding agreement between you and StudentMASH.com and are agreeing to be legally bound by it whether you are a “Visitor” (which means that you simply browse the StudentMASH.com website) or you are a “Member” (which means you have registered with StudentMASH.com). The term “User” refers to a Visitor or a Member. If you have any questions on these Terms of Use, please contact us at info@studentmash.com. .
1. The Site
The Site is provided to you for your personal use subject to these Terms of Use. By using the Site, irrespective of whether you register or not, you agree to these Terms of Use.
2. Amendments to the Terms of Use
We reserve the right to update these Terms of Use at any time. You should check the Site form time to time to review the then current Terms of Use. If you do not wish to accept the new Terms of Use, you should not continue to use the Site. If you continue to use the Site after the date the change comes into effect, this indicates that you agree to be bound by the new Terms of Use. Certain provisions of these Terms may be superseded by expressly designated Terms or terms located on particular pages of the Site.
3. Registration
3.1 You warrant and represent that the details provided by you on registration or at any time are truthful, accurate and complete.
3.2 You agree to inform us immediately if the information that you provided when registering changes so that we can update your details.
4. Password and security
4.1 When you register to use the Site you will be asked to choose a username and password. Your username and password are for your personal use only. You must not tell anyone else your password. If you know or suspect that someone else knows your password you should notify us immediately at info@studentmash.com. .
4.2 You are solely responsible for any actions performed through your account.
4.3 If we have reason to believe that someone knows your password, we may require you to change your password. If we have reason to believe you are sharing your password with others, we may suspend or terminate you from the Site.
4.4 Other users will be able to view your personal page and see the information you post to the Site. Therefore, you should not post on your personal page personal details like your telephone number, address and/or email address or any information which would allow other users to contact you directly or find out where you live.
5. Content on the Site
5.1 The content of the Site is protected by copyright, trade marks, database rights and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright notices and other notices about rights in the content. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the content on the Site or otherwise provided by us without written permission from us.
5.2 You warrant and represent that you own or are entitled to use the content posted by you on the Site as contemplated by the Site and that this content complies with clause 6 hereof and does and will not, in any way, violate or breach any of the terms of this agreement. When you post content onto the Site, other users will be able to see it. We reserve the right to copy, reproduce, alter or delete any content that you submit to the Site including your profile details, pictures and messages without any liability.
5.3 If the content you post incorporates the name, brand, logo, trademark, service, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such content in the public domain and are able to grant us the right to use of the content. We shall not be liable to any person or entity as a result of our use or exploitation of the content you post.
5.4 By posting any content on or through the Site you are placing the content in the public domain without any reservation of any rights or further control and give us a permanent license, at no cost to us, to reproduce, modify, edit, copy or distribute or otherwise use your content in any media formats and through any media channels for promotions or any other activities connected with the Site without any liability.
5.5 If you choose to remove your content from the Site we will no longer have the right to use your content to create new materials. However, we will continue to have the right to distribute any materials created prior to the removal by you of your content.
6. Your use of the Site
6.1 You agree not to use the Site for any of the following purposes:
6.1.1 distributing any material which is unlawful and/or which, we, in our sole discretion, consider to be harassing, bullying, intimidating, hateful, libelous, abusive, defamatory, indecent, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, threatening, harmful, discriminatory, vulgar, obscene, or otherwise objectionable;
6.1.2 violating any laws, judicial or governmental orders, treaties, regulations, any individual’s, firm’s or enterprise’s rights of publicity, privacy or any other rights;
6.1.3 displaying, compiling, gathering, obtaining, collecting, reproducing, revising, or deleting any unauthorized material or information, whether personally identifiable or not, concerning or posted by any other person, firm or enterprise, in connection with their or your use of the Site;
6.1.4 gaining unauthorized access to other users’ names, accounts, addresses, passwords or any other personal information, or any computers, websites or pages;
6.1.5 transmitting material that we, in our sole discretion, believe encourages criminal conduct or material that we, in our sole discretion, believe could cause harm or damage to anyone else;
6.1.6 Sending or committing an action that results in the sending of junk email, chain letters, duplicative or unsolicited messaging, “phishing” or “spamming”;
6.1.7 Interfering with any other person's use or enjoyment of the Site or negatively affecting the reputation or perception of the Site;
6.1.8 making, sending or storing electronic copies of material which is protected by intellectual property rights (including but not limited to copyright, trade marks, domain names) without the permission of the owner of those rights;
6.1.9 soliciting business or advertising foods or services on the Site;
6.1.10 forging any TCP/IP packet header or part of the header information in any newsgroup posting or email;
6.1.11 uploading, distributing or transmitting programs or material that contain malicious or potentially harmful code, including, without limitation, viruses, worms, spyware, timebombs, cancelbots or Trojan horses.
6.2 You are solely responsible for any content you submit to the Site. Therefore, you will be responsible for our losses and costs resulting from your breach of this clause 6.
6.3 You will not impersonate another member, or any third party.
6.4 If you arrange any meetings with any person through your use of the service, then you do so at your own risk. You should take any precautions you think necessary to ensure your own safety.
6.5 Before acting on any information on the Site or on any information received by you through your use of the Site, you should carry out such investigation as you think necessary to satisfy yourself of the truth and accuracy of such information.
7. Availability of the Site
7.1 Although we aim to offer you the best service possible, we make no promise that the services on the Site will meet your requirements. We cannot guarantee that the service will be error-free. If an error occurs in the service you should report it to us at info@StudentMASH.com and we will attempt to correct the error as soon as we reasonably can.
7.2 Your access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. You understand, acknowledge and agree that we assume no responsibility for the delay, deletion or failure to store of content. We will attempt to restore the service as soon as we reasonably can.
8. Our right to restrict, suspend or terminate your registration
8.1 We may restrict, suspend or terminate your registration and/or block your specific IP address immediately, and without liability, if you violate any of your obligations under these Terms of Use or if we have reason to believe you have done so.
8.2 You can cancel your registration at any time by informing us at info@studentmash.com. If you do so, you must stop using the Site immediately.
8.3 Any restriction, suspension or termination by us of your registration and your right to use the Site shall neither affect nor operate as a waiver of our statutory rights.
8.4 In the event we believe that you have violated any of these Terms of Use, we reserve the right to do the following, at any time:
8.4.1 change, cancel, delete or remove any content uploaded on this Site, including, but not limited to usernames, messages and personal profile information;
8.4.2 refuse access to or limit your use of parts of the Site; and/or
8.4.3 block access to the Site from your specific IP address.
9. Disclaimers
9.1 The Site provides content about universities and other resources. While we try hard to ensure that material we put on the Site about universities is correct and of high quality, we do not make any warranties or representations in relation to that content.
9.2 The rest of the content on the Site comes from Users and third parties who want to interact, comment, post videos or place advertisements on our Site.
9.3 StudentMASH.com is not responsible for any incorrect or inaccurate content posted on the StudentMASH.com website whether caused by Users of StudentMASH.com services or by any of the equipment or programming associated with or utilized by StudentMASH.com. Profiles created and posted by members on the StudentMASH.com website may contain links to other websites. StudentMASH.com 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 StudentMASH.com. Inclusion of any linked website on StudentMASH.com does not imply approval or endorsement of the linked website by StudentMASH.com. When you access these third-party sites, you do so at your own risk. StudentMASH.com takes no responsibility for third party advertisements which are posted on this StudentMASH.com website, nor does it take any responsibility for the goods or services provided by its advertisers. StudentMASH.com is not responsible for the conduct, whether online or offline, of any User of StudentMASH.com. StudentMASH.com 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 or Member communication. StudentMASH.com 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, 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 StudentMASH.com. Under no circumstances shall StudentMASH.com be responsible for any loss or damage, including personal injury or death, resulting from use of StudentMASH.com, attendance at a StudentMASH.com event, from any content posted on or through StudentMASH.com, or from the conduct of any Users of StudentMASH.com services, whether online or offline. StudentMASH.com services are provided "AS-IS" and as available and StudentMASH.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. StudentMASH.com cannot guarantee and does not promise any specific results from use of the StudentMASH.com services.
9.4 Limitation on Liability
IN NO EVENT SHALL STUDENTMASH.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF STUDENTMASH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STUDENTMASH.COM'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 STUDENTMASH.COM FOR THE STUDENTMASH.COM SERVICES DURING THE TERM OF MEMBERSHIP.
9.5 Member Disputes
You are solely responsible for your interactions with other StudentMASH.com Users. StudentMASH.com reserves the right, but has no obligation, to monitor disputes between you and other Users.
9.6 Privacy.
Use of StudentMASH.com is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
9.7 Communications Decency Act
The Communications Decency Act of 1996 (47 U.S.C.S. § 230) immunizes interactive computer service providers from liability for defamatory material posted through their services by third parties. The information StudentMASH.com posts is an exercise of 1st amendment civil rights and is constitutionally protected opinion. In addition, most States in the United States have Anti-SLAPP (“Strategic Lawsuits Against Public Participation”) statutes to strike down lawsuits intended to abridge free speech in this arena.
9.8 Each provision of this section 9 shall be construed separately and will apply even if, for any reason, one or other of these sentences is held inapplicable or unenforceable.
10. Copyright Notification Policy
10.1 If you are a copyright owner, or the owner’s authorized agent, and have a good faith belief that material or content on the Site infringes one of your intellectual property rights, you will need to send a written Notice of Copyright Infringement to us including all of the following information set out in this format:
(a) Write a statement explaining that you have found material or content on the Site which you believe infringes your copyright (e.g. “I hereby confirm that I believe the material identified below infringes my copyright”).
(b) Which country does your copyright apply to?
(c) Inform us of the title of the material or content concerned, if it has one, and give a detailed description including the full URL for its page.
(d) Explain in which way you believe the material or content infringes your copyright (e.g. a video is a copy of your original work, you own the copyright in an image etc.).
(e) Give details of the copyright work to which you own the rights and which you believe has been infringed, including the title, the type of work (e.g. book, article, film, photo etc.) and any other relevant information (e.g. publisher, dates, a link if it is on the internet).
(f) Provide us with your details so that we can contact you. Preferably an email address.
(g) Provide us with contact information which we can pass on to the submitter of the material or content concerned, if it does not originate from us. Preferably an email address.
(h) Write a further statement including the following: “I have a good faith belief that use of the aforementioned copyrighted work is not authorized by the copyright owner, its agent, or the law”.
(i) Sign the notice, or if communicating by email, insert a scanned physical or valid electronic signature.
(j) Send the notice to:
Attn: StudentMASH.com Copyright Infringement Notification
UCTV Digital Ltd
Devonshire House
60 Goswell Road
London
EC1M 7AD
UK
Or fax it to +44 (0) 20 7170 4102 or email it to: copyright@studentmash.com, Attn: StudentMASH.com Copyright Infringement Notification.
10.2 If you are unsure what your rights are, or whether your copyright has or has not been infringed, you should check with a legal advisor before sending a Copyright Infringement Notification or Counter Notification. Be aware that if you knowingly misrepresent that online material or content is infringing or not, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.
10.3 If we receive a notice of infringement we will expeditiously remove or block access to the material or content concerned and if this material or content has been posted by a user, we will also send a notification to that User with the details of the notice of infringement.
10.4 If you are a user who posted material or content on the Site that has been removed in response to a Notice of Copyright Infringement and you believe that the material or content is not infringing and that a mistake or misidentification has occurred, you may request that we replace the material or content on the Site by sending us a written Counternotice including all of the following information set out in this format:
(a) Provide your full name, address, contact telephone number/s, email address and Site username.
(b) Specify the URL/s of the material or content that we have removed or to which we have disabled access.
(c) Write a statement that you will accept service of process from the party who provided us with the original copyright complaint, or an authorized agent of such party.
(d) Include the following statement: “I have a good faith belief that the material or content was removed or disabled as a result of a mistake or misidentification of the material or content to be removed or disabled.”
(e) Sign the notice, or if communicating by email, insert a scanned physical or valid electronic signature.
(f) Post the notice to:
Attn: StudentMASH.com Copyright Counter-Notification
UCTV Digital Ltd
Devonshire House
60 Goswell Road
London
EC1M 7AD
UK
Or fax it to +44 (0) 20 7170 4102 or email it to: copyright@studentmash.com, Attn: StudentMASH.com Copyright Counter-Notification.
10.5 After we receive a Counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material or content that was removed or blocked after forwarding a copy of the Counternotice to the party who sent the original Notice of Infringement and waiting at least 10 working days. If, during those 10 working days, the party who sent the original Notice of Infringement notifies us that they have instituted a suit to seek a court order to restrain the user from infringing activity relating to the material or content on the site, we will not replace the material or content. Otherwise, we may reinstate the material or content at our discretion. Please note that when we forward the Counternotice, it includes your personal information. By submitting a Counternotice you consent to having your information revealed in this way. We will not forward the Counternotice to any other party other than the original claimant.
11. Third Party Websites
11.1 As a convenience to customers, the Site includes links to other web sites or material. These web sites and the material on them are outside our control. We are not responsible for content on any site outside the Site. Please refer to our disclaimer section (9.3) for more information.
11.2 On your personal page, you may include links to other sites, as long as the links are to the home pages of those sites.
12. Advertising and Sponsorship
Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We are not liable for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law
These Terms of Use will be subject to the laws of England, Wales, and the United States of America. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England or in the United States of America in the State of New York.
14. International Use
We make no promise that the material on the Site is appropriate or available for use in locations outside the United Kingdom or the United States of America. Accessing the Site from territories where its content is illegal or unlawful is prohibited. If you choose to access the Site from a location outside the United Kingdom or the United States of America, you do so at your own risk and are responsible for compliance with local laws.
15. Miscellaneous
15.1 You may not transfer or assign any of your rights under these Terms of Use to any other person. We may transfer or assign our rights under these Terms of Use to another business where we reasonably believe your rights will not be affected.
15.2 Our refusal and/or failure to penalize you, or to restrict, suspend, or cancel your use of the site in the event you violate any of these Terms of Use shall not operate or be construed as a waiver of our right to do so. If you violate any of these Terms of Use and we choose to ignore the violation, we will still be entitled to use the rights and remedies available to us under these Terms of Use at a later date or in any other situation where you violate these Terms of Use.
15.3 Indemnity
You agree to indemnify and hold StudentMASH.com, 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 StudentMASH.com 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 the StudentMASH.com website causes StudentMASH.com to be liable to another.
15.4 The Site is owned and operated by UCTV Digital Limited, [Devonshire House, 60 Goswell Road, London, EC1M 7AD]. Company Registration No. 4877319, VAT No. 848 2945 83.
15.5 If you have any questions please contact us at info@studentmash.com.
© 2008 UCTV Digital Limited
Parts of StudentMASH are © 2007 Peterson's. All Rights Reserved.
