Terms and Conditions of Willow Scholars
The following are the terms and conditions of this Agreement between the User and Willow Scholars Incorporated:
4. User Account, Username, and Password – During registration the User selects a User Name and Password. The User Name is also used as an onscreen name. It should be a pseudonym and not your real name. The User is responsible for retaining the User Name and password in confidence. The User is responsible for all activities that occur using this User Name and password. The User agrees to immediately notify Willow Scholars of any unauthorized use of the User Name and password, and to log out after each session.
5. User Conduct – You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User, and not Willow Scholars, is entirely responsible for all Content that the User uploads, posts, e-mails, transmits, or otherwise makes available via the Services. While Willow Scholars makes reasonable efforts not to allow offensive, indecent, or objectionable material on this site, by using the Services, the User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Willow Scholars be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted, or otherwise made available via the Service.
The User agrees as follows:
a. not to harm minors or cause minors to be harmed in any way;
b. not to forge headers of postings, e-mails, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
c. not to impersonate any person or entity, including, but not limited to, a Willow Scholars employee, forum moderator, guide or guest, or falsely state or otherwise misrepresent your affiliation with any person or entity;
d. not to upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
e. not to upload, post, e-mail, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure or confidential disclosure agreements);
f. not to upload, post, e-mail, transmit, or otherwise make available any information that you consider confidential in nature, which posting may cause you or any third party to lose rights to the intellectual property associated with the information;
g. not to upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary and lawful rights of any party;
h. not to upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You understand that such postings may violate laws of various jurisdictions, and that you may be subject to prosecution or to civil suit;
i. not to intentionally or unintentionally violate any local, state, national, or international law;
j. not to “stalk” or otherwise harass another; or collect or store personal data about other users;
k. to upload, post, e-mail, transmit, or otherwise make available only material which the User has created and to which the User owns the copyrights; and
l. to report any violations of the above immediately to Willow Scholars.
6. Integration – This Agreement, together with any other documents referenced herein constitutes the entire agreement between the parties and supersedes all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties respecting the subject matter hereof.
7. License to Copy and Distribute User Material – Willow Scholars does not claim ownership of the Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the User hereby grants a non-exclusive, perpetual, irrevocable, fully sub-licensable, world-wide, fully-paid-up license which allows Willow Scholars to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
8. Governing Law – This Agreement shall be governed by the laws of the State of North Carolina without regard to any conflicts of law provisions.
9. Jurisdiction and Venue – The parties agree to submit exclusively to the personal jurisdiction of a proper court located only in the County of Union, State of North Carolina. Both parties agree that venue is proper in the County of San Diego, State of California. The parties agree to waive any defenses based on venue, inconvenience of forum, the lack of personal jurisdiction, and the adequacy of service of process (as long as the party was at least notified by the email address provided) in any suit or action brought in the State of North Carolina.
10. Time Limitations – Regardless of any statute or law to the contrary the parties agree that any claim or cause of action arising out of this Agreement or related to the Services must be filed within one year after such claim or cause of action arises or forever be barred.
11. Waiver – The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
12. Enforceability – In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal, or unenforceable provision shall be replaced by the provision which, being valid, legal, and enforceable, comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision.
13. Warranties – Willow Scholars makes no warranty that: (a) the Services will meet your requirements, (b) the Services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Services will be accurate or reliable, (d) the quality of any products, Services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (e) any errors in the software will be corrected.
WILLOW SCHOLARS MAKES NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WILLOW SCHOLARS SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SET OFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Assignments – Neither party may assign or delegate any or all of its rights or its duties or obligations hereunder without the consent of the other party, which consent shall not be unreasonably withheld or delayed; provided, however, that either party may assign this Agreement, without the need to obtain consent of the other party, to an affiliate of such party or to a successor in interest to substantially all of the business of that party to which this Agreement relates. An assignee of either party authorized hereunder shall be bound by the terms of this Agreement and shall have all of the rights and obligations of the assigning party set forth in this Agreement. An assignment which is in violation of this Agreement is void.
15. No Construction Against Drafter – If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement.
16. Force Majeur – Either party shall be excused from performance and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labor or fuel or raw materials.
17. Attorneys’ Fees – If any legal action is brought to construe or enforce any provision of this Agreement, the prevailing party shall be entitled to receive its reasonable attorneys’ fees and court costs in addition to any other relief it may receive.
18. Use of Content – All materials and resources presented on or accessed through the Services is provided by Willow Scholars as a service to its visitors and readers and may be used for information purposes only. Willow Scholars assumes no responsibility for errors or omissions in these materials. Willow Scholars makes no commitment to update the information contained herein.
19. Limits for Data Storage and Use – Willow Scholars may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that any Content contributed by you will be retained by the Services, the maximum disk space that will be allotted on Willow Scholars server space on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. Willow Scholars has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Willow Scholars reserves the right to terminate accounts that are inactive for an extended period of time.
20. No Sale or Use – The User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. This does not apply to the resale of any books purchased by the User.
Willow Scholars reserves the right to terminate, without prior warning, the access of any User to any Service or Content, for violation of any of the above Terms, or for any other reason at Willow Scholars’s sole discretion.
Copyright Infringement Claims
If you believe that any material on this web site is an infringement of your copyright, you must notify us in writing via email as listed below:
Your notification must contain all of the following elements, in accordance with Title 17 Section 512(c)(3)(A) of U.S. Code:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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 us to locate the material.
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a bona fide notification of copyright infringement that contains all of the above elements, Willow Scholars will remove the allegedly infringing material and notify the User who provided the material. Users who repeatedly post Content that infringe on other entities’ copyrights are subject to having their Willow Scholars access terminated.