Intellectual Property. The materials used and displayed on the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of ExamBucket or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of ExamBucket or the appropriate affiliate. You agree not to "scrape" or disaggregate data from the Sites (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose.
Your License to Use the Sites, and Your Applicable Obligations and Restrictions.ExamBucket grants you a personal, non-exclusive, non-transferable, revocable license to use the Sites, solely under the following conditions:
The Sites may include forums, chat rooms and other user and member created pages which allow users and members to post information, provide feedback to us, and interact. You agree not to post or transmit any fraudulent, unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, constitute hate speech, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You agree to only post information that is true and correct in light of your knowledge. You shall not, without the express approval of ExamBucket, distribute or otherwise publish any material containing any solicitation of funds, or advertising or solicitation for goods or services.
Your Indemnification of Us. You agree to indemnify, defend and hold harmless ExamBucket, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of (b) any material that you post or transmit, or (b) breach by you or any user of your account of this Agreement or any representations, warranties and covenants contained in these terms and conditions. You shall cooperate fully and reasonably in the defense of any such claim. ExamBucket reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We Do Not Control The Information on the Sites Or Have An Obligation to Review It.Although ExamBucket and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, and other user and member generated pages on the Sites, we are under no obligation to do so. You acknowledge that we do not control the information available on Site forums, chat rooms and other user and member generated pages and that any opinions, advice, services, offers or other information or content disseminated through the Sites are those of their respective authors, including Guides and other writers and contributors, who are solely liable for their content. We reserve the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted through the Sites. You acknowledge that any submissions you make to the Sites (i.e., user-generated content including but not limited to: text, video, audio and photographs) (each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by ExamBucket and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant ExamBucket a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for ExamBucket or any third party ExamBucket designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to ExamBucket or the Sites, including any Submission posted on ExamBucket through a third party.
You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old.
ExamBucket does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Sites by any user, information provider or any other person or entity, including Guides and other writers. You acknowledge and agree that communications with Guides and other content providers through the Sites are not confidential and not subject to any confidentiality privilege, such as attorney-client or doctor-patient. All communication directly between you and a Guide is at your own risk. Although ExamBucket strives to have experienced Guides and other writers ExamBucket relies on information provided by these contributors regarding their experience and background. ExamBucket does not represent or warrant the accuracy of the credentials or identity of the Guide or other contributors, including users, of the Service or Sites. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
You Agree Not to Rely on "Tests". Content on the Sites may contain a descriptive term such as "Expert" to identify an author, poster of content, or Guide. While we strive to find authors and Guides who have a high degree of knowledge and experience, you should not, and agree not to, rely on such terms as any guarantee that you will receive a particular level of expertise or advice from such parties. Rather, their postings and articles are provided on a purely informational basis, and you must evaluate them on their own merit. Content available on the Sites may be out of date, and is to be used for general informational purposes only and never as a substitute for professional tutoring, or studying with your materials.
THE SITES ARE PROVIDED ON AN "AS IS" BASIS. THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITES. The information, facts, and opinions provided are no substitute for professional advice.
Further Disclaimers. Your use of the Sites is at your own risk. NEITHER, ExamBucket, NOR ANY OF THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES AND THE INFORMATION AVAILABLE ON THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST ExamBucket AND THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITES AND THE INFORMATION AVAILABLE THEREON.
Third Party Links, Advertisements, Websites and Content. We do not review or monitor any web sites or other media linked to or available through the Sites and are not responsible for the content of any such linked web sites. Prior to purchasing any third party products or services described on the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither ExamBucket, nor any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Sites, and we shall not receive or review complaints regarding such purchases.
Public Forums. If you voluntarily disclose personal information (e.g., user name, email address) on the Sites, such as on a forum, chat room or on any other user or member generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on our Sites.
Intellectual Property Issues. We take claims of copyright infringement seriously. If you believe in good faith that your copyrighted work has been reproduced on our Sites without authorization in a way that constitutes copyright infringement, you may notify us in email to firstname.lastname@example.org. This contact information is only for suspected copyright infringement. Please include the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise url (web page) that it appeared on, along with any copies you have of that web page.
Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees). It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Modifications. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Sites, or any part of the Sites, with or without notice. You agree that we shall not be liable to you for any such action.