Student Voice is a 501(c)(3) nonprofit.
If you access or use the Site on behalf of any company, partnership, or other entity, you represent that you have authority to bind such entity and its affiliates to this Agreement and that it is fully binding on such entity. The term "you," as used in this Agreement, will refer to such entity and its affiliates. If you do not have authority to bind such entity, you may not access or use the Site.
We reserve the right at any time, with or without cause, to:
Any changes we make will be effective immediately upon our making such changes available on the Site or otherwise providing notice thereof. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
You hereby affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then you are not permitted to use the Site in any manner that reveals personally identifiable information about yourself (such as your name, email, address or location). You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
The services made available on, by or through the Site, which include or may include, without limitation, (collectively, the "Services"), as well as any information provided on, by or through the Site or as part of or in connection with the Services or otherwise, including but not limited to Student Voice Map, Student Voice Resources, Student Voice Student Bill of Rights, data, text, graphics, designs, logos, images, sounds, music, other audio/visual materials, links, references, artwork, and computer code (collectively, the "Information"), are provided for personal use only. Student Voice permits you to view and print a reasonable number of copies of webpages located on the Site for your own personal use, but not for any for-profit or commercial purpose or for resale, provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Student Voice, and (c) any such copies are subject to the terms and conditions of this Agreement. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Student Voice promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Student Voice or others.
If you are a governmental or nonprofit entity, or an employee thereof, you may download, copy, distribute and use the available Information solely for the purpose of furthering your organization's mission in the ordinary course of your governmental or charitable operations so long as such use is for non-commercial purposes and made available to third parties without a fee, and provided that you comply with the conditions noted in (a) - (c) above in this section.
If and when you provide information to Student Voice, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may terminate your use of the Site.
Student Voice acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to Student Voice in the paragraph above, and that no ownership of such copyrights is transferred to Student Voice under these terms.
By posting or providing any Content on the Site, you represent and warrant to Student Voice that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this Agreement, from that person.
You further agree that we may use any Content that you post or provide in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such Content will not be offensive, defamatory or objectionable. You agree that Student Voice is not responsible for, and does not endorse, Content posted within the Site. Student Voice does not have any obligation to prescreen, monitor, edit or remove any Content. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to remove or delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Site.
As between you and Student Voice, any Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Student Voice is not a confidential, fiduciary or other type of special relationship, and that your decision to submit any Content does not place Student Voice in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Student Voice, and Student Voice will not be liable for any use or disclosure of any Content you provide.
Student Voice may aggregate Content with other data and also collect technical information and data about your use of the Site. You expressly agree that Student Voice may use any aggregated and anonymized data for any purpose during or after the term of this Agreement, including, without limitation, to develop and improve the Site or otherwise develop and improve Student Voice services and products.
If your use of the Site includes use through a mobile device, you hereby consent to and grant us permission to access (but not store or transfer, unless separately authorized by you) photos on your mobile device (including metadata) in order to enable tagging (e.g., date, location) of your posted Content.
You agree that we may send you communications (via email or through the Site, including SMS text messages if you have opted to receive text messages) regarding your use of the Site and/or certain features of the Site you may be interested in. To the extent you have opted to receive communications, updates and newsletters, you hereby authorize Student Voice, or those engaged on Student Voice's behalf, to deliver such communications to you via email, SMS text messages, or through the Site.
You agree not to use the Information, Services or the Site to post any Content or take any action or actions that:
The Site is owned by Student Voice and Student Voice's licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Student Voice and Student Voice's licensors and suppliers. The Information and Services may be protected by U.S. and international copyright, trademark, trade dress, and other intellectual property and unfair competition laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights in the Site, Services, or Information by using the Site or any Services or Information.
The trademarks, logos and service marks displayed on the Site (collectively, the "Trademarks"), including, but not limited to, Student Voice and Student Voice Corporation, are trademarks of Student Voice, Student Voice licensors and suppliers, and/or others. Except for the PERMITTED USE OF SERVICES AND INFORMATION stated above, nothing contained in this Agreement or the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark(s) without the express written permission of Student Voice, Student Voice licensors or suppliers, or the third-party owner of any such Trademark, except as set forth in this Agreement.
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Student Voice infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Student Voice to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 or trademark owner, its agent or the law; and (f) 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. If Student Voice determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Student Voice reserves the right to continue to display such materials absent a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Student Voice may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Site must meet the then-current statutory requirements imposed by the DMCA and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Student Voice Inc.
New York, NY 10025
This Agreement is effective from the date that you first access the Site or submit any information to Student Voice, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Student Voice may immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Student Voice may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease. All disclaimers and all limitations of liability and all Student Voice rights of ownership shall survive any termination. We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Student Voice to maintain and support the Site, or any part or portion thereof, during the term of this Agreement.
THE SITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND Site ARE CURRENT AND/OR UP TO DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SITE, OR YOUR USE OF THE SITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Site AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER Student Voice NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SITE, THE INFORMATION, SERVICES OR ANY LINKED WEBSITE IS TO STOP USING THE SITE, SERVICE OR LINKED WEBSITE, AS APPLICABLE. NEITHER STUDENT VOICE NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE SITE BY THIRD PARTIES.
WHEN INTERACTING WITH OTHER USERS, YOU SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT YOUR PERSONAL SAFETY AND PROPERTY, JUST AS YOU WOULD WHEN INTERACTING WITH OTHER PERSONS WHOM YOU DO NOT KNOW. NEITHER STUDENT VOICE, ITS AFFILIATES, LICENSORS NOR THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES NOR ALL OTHER RELATED PERSONS OR ENTITIES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE, AND YOU HEREBY RELEASE THE FOREGOING PARTIES FROM ANY LIABILITY RELATED THERETO. STUDENT VOICE, ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR CONTENT) OR ANY THIRD-PARTY PROVIDER, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE STUDENT VOICE, ITS AFFILIATES, LICENSORS AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Student Voice makes no representation that the Site operate (or is legally permitted to operate) in all geographic areas or that the Site is appropriate or available for use in other locations. Accessing the Site from territories where the Site or any content or functionality of the Site or portion thereof is illegal is expressly prohibited. If you choose to access the Site, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The Site is operated from the United States. If you are located outside of the United States and choose to use the Site or provide your Content to us, your Content will be transferred, processed and stored in the United States. U.S. privacy laws may not be as protective as those in your jurisdiction. Your agreement to the terms of this Agreement followed by your submission of your Content in connection with the Site represents your agreement to this practice. If you do not want your Content transferred to or processed or stored in the United States, you should not use the Site.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, excluding that body of law relating to conflict of laws. For any dispute you have with Student Voice, you agree to first contact us and attempt to resolve the dispute with us informally. If Student Voice has not been able to resolve the dispute with you informally, we each agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Raleigh, North Carolina. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in Delaware without regard to Delaware’s conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
Venue will lie exclusively in Raleigh, North Carolina. For the sake of clarity, nothing in this paragraph shall affect Student Voice's ability to seek from a court injunctive or equitable relief at any time.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND STUDENT VOICE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by Student Voice as provided herein or otherwise by written instrument signed by Student Voice. Neither this Agreement nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Student Voice's prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void.
Student Voice may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Student Voice Corporation
New York, NY 10025
January 3, 2019