Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to StudentNest.com. StudentNest.com provides its service to you, subject to the following Terms of Service (“Terms”), which may be updated by us from time to time without notice to you. You can review the most current version of the TERMS at any time at: http://www. StudentNest.com /common/policy.html. In addition, when using particular StudentNest owned or operated services, you and StudentNest shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TERMS. StudentNest may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that StudentNest.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the StudentNest.com site and Content available through the Service may contain links to other websites, which are completely independent of StudentNest.com. StudentNest.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will StudentNest.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that StudentNest.com does not pre-screen or approve Content, but that StudentNest.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or StudentNest has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, StudentNest has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). StudentNest is concerned about the safety and privacy of all its users, particularly children. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content is appropriate for your child.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify StudentNest of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. StudentNest cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. MEMBER CONDUCT
You understand that all information, data, text, 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 you, and not StudentNest, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. StudentNest does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will StudentNest be liable in any way for any Content, including any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, 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;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a StudentNest official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, 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 agreements);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law.
m. “stalk” or otherwise harass another; or
n. collect or store personal data about other users.
You acknowledge that StudentNest may or may not prescreen Content, but that StudentNest and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, StudentNest and its designees shall have the right to remove any Content that violates the TERMS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that StudentNest may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of StudentNest, its users and the public.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
StudentNest does not claim ownership of 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, you grant StudentNest the following worldwide, royalty free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of StudentNest Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific StudentNest Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or StudentNest removes such Content from the Service.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than StudentNest Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or StudentNest removes such Content from the Service.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than StudentNest Groups, the perpetual, irrevocable and fully sub licensable license 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.
“Publicly accessible” areas of the Service are those areas of the StudentNest network of properties that are intended by StudentNest to be available to the general public.
8. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE StudentNest.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE StudentNest.com SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, StudentNest.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE StudentNest.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, StudentNest.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE StudentNest.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE StudentNest.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, StudentNest.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE StudentNest.com SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
9. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL StudentNest.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF StudentNest.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE StudentNest.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE StudentNest.com SITE OR THE SERVICE, FROM INABILITY TO USE THE StudentNest.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE StudentNest.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE StudentNest.com SITE OR THE SERVICE OR ANY LINKS ON THE StudentNest.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE StudentNest.com SITE OR THE SERVICE OR ANY LINKS ON THE StudentNest.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold StudentNest, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TERMS, or your violation of any rights of another.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that StudentNest may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on StudentNest’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that StudentNest 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.
You acknowledge that StudentNest reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that StudentNest reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
StudentNest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that StudentNest shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that StudentNest may, under certain circumstances and without prior notice, immediately terminate your StudentNest account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TERMS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings, or participation in promotions of, with advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that StudentNest shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because StudentNest has no control over such sites and resources, you acknowledge and agree that StudentNest is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that StudentNest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. StudentNest’s PROPRIETARY RIGHTS
StudentNest grants you a personal, nontransferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by StudentNest for use in accessing the Service.
17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitations or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 17 and 18 may not apply.
18. SPECIAL ADMONITION
FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please reread the above Sections 17 and 18 again for their specific applicability. Additionally, for this particular type of information, the phrase “Let the investor beware” is apt.
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. StudentNest and its licensers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TERMS, there shall be no third party beneficiaries to this Agreement.
StudentNest may provide you with notices, including those regarding changes to the TERMS, by email, regular mail, or postings on the Service.
21. GENERAL INFORMATION
Entire Agreement: The TERMS constitute the entire agreement between you and StudentNest and govern your use of the Service, superseding any prior agreements between you and StudentNest. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other StudentNest services, affiliate services, third-party content or third-party software.
Choice of Law and Forum: The TERMS and the relationship between you and StudentNest shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and StudentNest agree to submit to the personal and exclusive jurisdiction of the courts located within the county ofFresno, California.
Waiver and Severability of Terms: The failure of StudentNest to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. If any provision of the TERMS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TERMS remain in full force and effect.
No Right of Survivorship and Non-Transferability: You agree that your StudentNest account is nontransferable and any rights to your StudentNest I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TERMS are for convenience only and have no legal or contractual effect. Please report any violations of the TERMS to our Customer Care group.
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to
(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or
(ii) bestiality, or
(iii) masturbation, or
(iv) sadistic or masochistic abuse, or
(v) lascivious exhibition of the genitals or pubic area of any person;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that includes personal or identifying information about another person without that person’s explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the StudentNest.com sites which are not designated for such purposes; or
(2) emailed to StudentNest.com users who have requested not to be contacted about other services, products or commercial interests.
that includes links to commercial services or web sites, except as allowed in “services”;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Please report any violations of the TERMS to our Customer Care group.