Terms Of Use

ABILITY TO ACCEPT Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the StudyMatrix Website is not intended for children under 14. If you are under 14 years of age, then please do not use the StudyMatrix Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

AGREEMENT BETWEEN USER AND StudyMatrix

The StudyMatrix Web Site is comprised of various Web pages operated by StudyMatrix.

The StudyMatrix Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the StudyMatrix Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

StudyMatrix reserves the right to change the terms, conditions, and notices under which the StudyMatrix Web Site is offered, including but not limited to the charges associated with the use of the StudyMatrix Web Site.

LINKS TO THIRD PARTY SITES

The StudyMatrix Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of StudyMatrix and StudyMatrix is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. StudyMatrix is not responsible for webcasting or any other form of transmission received from any Linked Site. StudyMatrix is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by StudyMatrix of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the StudyMatrix Web Site, you warrant to StudyMatrix that you will not use the StudyMatrix Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the StudyMatrix Web Site in any manner which could damage, disable, overburden, or impair the StudyMatrix Web Site or interfere with any other party's use and enjoyment of the StudyMatrix Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the StudyMatrix Web Sites.

USER SUBMISSIONS

A) For clarity, you retain all of your ownership rights in your User Submissions. StudyMatrix claims no ownership or control over any Content submitted, posted or displayed by you on or through StudyMatrix services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through StudyMatrix services and you are responsible for protecting those rights, as appropriate. However , by submitting, posting or displaying Content on or through StudyMatrix services which are intended to be available to the members of the public, you automatically grant and you represent and warrant that you have the right to grant, StudyMatrix a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to store, reproduce, reformat or modify, publish and distribute such Content on StudyMatrix services for the sole purpose of displaying and distributing StudyMatrix services.
B) In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant StudyMatrix all of the license rights granted herein.
C) StudyMatrix does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and StudyMatrix expressly disclaims any and all liability in connection with User Submissions. StudyMatrix does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and StudyMatrix will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. StudyMatrix reserves the right to remove Content and User Submissions without prior notice.
D) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize StudyMatrix to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

USE OF COMMUNICATION SERVICES

The StudyMatrix Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

StudyMatrix has no obligation to monitor the Communication Services. However, StudyMatrix reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. StudyMatrix reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

StudyMatrix reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in StudyMatrix's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. StudyMatrix does not control or endorse the content, messages or information found in any Communication Service and, therefore, StudyMatrix specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized StudyMatrix spokespersons, and their views do not necessarily reflect those of StudyMatrix.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO StudyMatrix 
StudyMatrix does not claim ownership of the materials you provide to StudyMatrix (including feedback and suggestions) or post, upload, input or submit to any StudyMatrix Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting StudyMatrix, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. StudyMatrix is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in StudyMatrix's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE StudyMatrix WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. StudyMatrix AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE StudyMatrix WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE StudyMatrix WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

StudyMatrix AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE StudyMatrix WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. StudyMatrix AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL StudyMatrix AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE StudyMatrix WEB SITE, WITH THE DELAY OR INABILITY TO USE THE StudyMatrix WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE StudyMatrix WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE StudyMatrix WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF StudyMatrix OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE StudyMatrix WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE StudyMatrix WEB SITE.

SERVICE CONTACT : info@syntraxis.com

ACCOUNT TERMINATION POLICY

StudyMatrix reserves the right, in its sole discretion, to terminate your access to the StudyMatrix Web Site and the related services or any portion thereof at any time, without notice.
A) StudyMatrix will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B) StudyMatrix reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. StudyMatrix may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the StudyMatrix Web Site are: Copyright 2007 StudyMatrix. All rights reserved. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.


A) If you are a copyright owner or an agent thereof and believe that any User Submission or other content this website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. StudyMatrix's designated Copyright Agent can be reached the following address to receive notifications of claimed infringement: 320 Decker Drive, Irving, TX 75062, email: info@StudyMatrix.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to StudyMatrix customer service through http://www.StudyMatrix.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

B) Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Dallas, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, StudyMatrix may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at StudyMatrix's sole discretion.

ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by StudyMatrix without restriction.

ACCESS RESTRICTION, SEVERABILITY and REFORMATION

You agree that: (i) the StudyMatrix Website shall be deemed solely based in Texas; and (ii) the StudyMatrix Website shall be deemed a passive website that does not give rise to personal jurisdiction over StudyMatrix, either specific or general, in jurisdictions other than Texas. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the StudyMatrix Web Site. Use of the StudyMatrix Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. These Terms of Service shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and StudyMatrix that arises in whole or in part from the StudyMatrix Website shall be decided exclusively by a court of competent jurisdiction located in Dallas County, Texas. These Terms of Service, together with the Privacy Notice at http://www.StudyMatrix.com and any other legal notices published by StudyMatrix on the Website, shall constitute the entire agreement between you and StudyMatrix concerning the StudyMatrix Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and StudyMatrix's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. StudyMatrix reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the StudyMatrix Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND StudyMatrix AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE StudyMatrix WEBSITE MUST COMMENCE WITHIN NINTEY (90) DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You agree that no joint venture, partnership, employment, or agency relationship exists between you and StudyMatrix as a result of this agreement or use of the StudyMatrix Web Site. StudyMatrix's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of StudyMatrix's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the StudyMatrix Web Site or information provided to or gathered by StudyMatrix with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and StudyMatrix with respect to the StudyMatrix Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and StudyMatrix with respect to the StudyMatrix Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 
 
Copyright 2007 StudyMatrix. All rights reserved.
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