StudyLink Terms of Service
Accepting Terms of Service
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StudyLink LLC offers a dashboard application ("StudyLink") tailored for the Canvas Learning Management System. This platform aims to provide university students and professors with an intuitive interface to enrich their learning experiences. Before utilizing the System or any services provided therein (collectively referred to as the "Services"), please carefully review these terms of service ("Agreement"). By accessing or using the Services, you acknowledge and agree to be bound by all the terms and conditions outlined in this Agreement. If you do not agree with any part of this Agreement, refrain from using the Services. Your access to and usage of the Services are subject to the following terms and conditions:
1. Access to the Service
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By utilizing the Services, you affirm that your access is intended solely for personal use and not for the benefit of any third party. StudyLink retains the prerogative to modify, suspend, or terminate the Services at its discretion, including altering the availability of features, databases, or content. Additionally, StudyLink reserves the right to impose constraints on specific features or services and may limit Subscriber access to portions or the entirety of the Services without prior notification or assuming liability.
StudyLink maintains the authority to amend these Terms of Service at any juncture, either by posting revised terms on the System or through email notification. Any new features enhancing the existing Service, inclusive of new tools and resources, shall be governed by these Terms of Service. Subscriber's continued utilization of the Services following such modifications constitutes acknowledgment and acceptance of the revised terms and conditions outlined in this Agreement.
By accessing the System, you assert that you are at least 16 years of age and legally permitted to utilize the Services. Individuals under the age of 16 are prohibited from disclosing any personal information on the System. This Agreement is null and void in jurisdictions where prohibited by law, and access to the System is restricted accordingly. StudyLink does not purport that the System may be lawfully accessed or that content may be lawfully downloaded outside of the United States.
StudyLink and the System shall bear no liability to you or any other party in the event of any suspension, modification, discontinuation, or unavailability of the System, the Service, Subscriber Content, or other Content.
You are responsible for procuring and maintaining any requisite equipment or ancillary services essential for connecting to, accessing the System, or utilizing the Services, including but not limited to modems, hardware, software, and telecommunications services. It is incumbent upon the Subscriber to ensure compatibility between such equipment or services and the Services.
2. SYSTEM CONTENT
The System and its contents are exclusively designated for use by System Subscribers and must be utilized in adherence to the terms outlined in this Agreement.
All materials presented or executed on the System, encompassing text, graphics, photographs, images, illustrations, software or source code, audio, and video (individually referred to as "Content Items," collectively as "Content"), with the exception of Content posted by Subscribers ("Subscriber Content"), are the intellectual property of StudyLink and/or third parties. These materials are safeguarded by both United States and international copyright laws. Additionally, all trademarks, service marks, and trade names are the proprietary assets of StudyLink and/or third parties. Subscribers are obliged to comply with all copyright notifications, disclosures, and limitations contained in any accessed Content via the Services.
Except as explicitly delineated in the copyright and content licensing terms governing individual Content Items, Subscribers are prohibited from copying, altering, publishing, transmitting, uploading, participating in the transfer or sale of, reproducing, creating derivative works from, distributing, performing, displaying, or exploiting in any manner, whether in whole or in part, any of the Content, software, materials, or Services.
Without prior written consent from StudyLink or the copyright holder specified in the copyright notice of such Content, any downloading, copying, or storing of Content, excluding Subscriber Content, is expressly forbidden.
3. SUBSCRIBER CONTENT
Subscriber Content refers to any data, content, code, videos, images, or other materials of any nature that you upload, submit, or otherwise transmit to or through the System. You shall retain all rights, title, and interest in and to Subscriber Content.
Subject to the terms delineated in this Agreement, you hereby grant StudyLink a non-exclusive, worldwide, royalty-free right to:
1. Collect, use, copy, store, transmit, modify, and create derivative works of Subscriber Content, solely to the extent necessary to furnish the relevant Services to you.
2. Utilize Subscriber Content for Services that facilitate sharing Subscriber Content or engaging with other individuals.
Subscriber warrants, represents, and agrees not to contribute any Subscriber Content that:
1. Infringes, violates, or otherwise encroaches upon any copyright or trademark owned by another party.
2. Discloses any trade secret, unless Subscriber possesses ownership of the trade secret or has obtained permission from the owner to post it.
3. Infringes upon any intellectual property rights, privacy rights, or publicity rights of another individual.
4. Is defamatory, libelous, abusive, threatening, harassing, hateful, offensive, or contravenes any law or the rights of any third party.
5. Contains any virus, Trojan horse, worm, or other component intended to damage, disrupt, surreptitiously intercept, or unlawfully appropriate any system, data, or information.
6. Remains posted subsequent to Subscriber being notified that such Subscriber Content contravenes any of the provisions outlined in subsections (a) to (e) of this clause.
StudyLink reserves the right to remove any Subscriber Content from the System, suspend or terminate Subscriber's right to utilize the Services at any time, or pursue any other legal or equitable remedy available to StudyLink and/or the System, for any reason. This includes, but is not limited to, upon receipt of claims or allegations from third parties or authorities concerning such Subscriber Content, or if StudyLink apprehends that Subscriber may have breached the aforementioned provisions.
4. RESTRICTIONS
Subscriber agrees not to partake in any fraudulent, abusive, or illicit activities, nor utilize the Services or Content in contravention of this Agreement. Violation of these terms may result in the termination of Subscriber's access to the Services or the System.
The use of the System or Services to compromise the security of any computer system, circumvent passwords or security encryption codes, transmit or store illegal materials (including those deemed threatening or obscene), or engage in any unlawful activities is strictly prohibited.
Subscriber is expressly prohibited from utilizing the System or the Service to:
1. Transmit unsolicited emails, bulk mail, spam, or other materials to users of the System.
2. Harass, threaten, stalk, or abuse any individual or party, including other users of the System.
3. Fabricate a false identity or impersonate another person.
4. Knowingly publish any false, inaccurate, or incomplete material.
5. WARRANTY DISCLAIMER
StudyLink maintains no special relationship or fiduciary duty to Subscriber. StudyLink does not actively monitor the Content of the System and assumes no responsibility for such Content. Subscriber hereby releases StudyLink from all liability arising from Subscriber's acquisition or non-acquisition of Content through the System.
While StudyLink and the System will exert reasonable efforts to store and preserve materials hosted on the System, neither StudyLink nor the System bears responsibility or liability for any failure to store, preserve, or access Subscriber Content or other materials transmitted or archived on the System.
To the fullest extent permissible by law, StudyLink disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality, or operability of the materials or services provided on this System.
By utilizing this System, you acknowledge that StudyLink is not accountable or liable for any harm resulting from:
1. The use of the System.
2. Downloading information contained on the System, including but not limited to downloads of content posted by subscribers.
3. Unauthorized disclosure of images, information, or data resulting from the upload, download, or storage of content posted by subscribers.
4. The temporary or permanent inability to access or retrieve any Subscriber Content from the System.
6. THIRD PARTY WEBSITES
Users of the System may access third-party websites on the Internet via hypertext or other computer links provided on the System. These third-party sites are beyond the supervision or control of StudyLink or the System.
Unless explicitly stated otherwise, neither StudyLink nor the System make any representation or warranty concerning any third-party site linked to the System, nor do they endorse the products or services offered on such sites.
StudyLink and the System disclaim:
1. All responsibility and liability for the content on third-party websites.
2. Any representations or warranties regarding the security of any information (including, but not limited to, credit card and other personal information) that you may be required to provide to any third party.
By accessing such sites and third-party content, you hereby irrevocably waive any claim against the System or StudyLink with respect to such sites and third-party content.
7. REGISTRATION AND SECURITY
As a prerequisite for utilizing the Services, Subscriber may be prompted to register with StudyLink and establish a password and profile name. Subscriber is obligated to furnish StudyLink with accurate, comprehensive, and up-to-date registration details, including Subscriber’s email address. StudyLink retains the discretion to decline registration or revoke a profile name.
Subscriber is accountable for maintaining the confidentiality of their password. Any use or action taken under Subscriber’s password is the sole responsibility of Subscriber, who assumes full accountability for all activity conducted through their account. Subscriber hereby releases the System and StudyLink from any and all liability pertaining to such activity.
Subscriber agrees to promptly inform StudyLink of any actual or suspected loss, theft, or unauthorized use of their account or password.
8. INDEMNITY
Subscriber agrees to indemnify and hold StudyLink, its directors, officers, employees, agents, consultants, contractors, partners, vendors, and service providers (including, without limitation, hosting and telecommunications providers) harmless from any claim or demand made by any third party arising out of or resulting from Subscriber’s access to the System, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity. This indemnification includes all associated costs and attorneys' fees incurred by StudyLink.
9. LIMITATION OF LIABILITY
In no event shall StudyLink, its directors, officers, shareholders, employees, members, agents, consultants, contractors, partners, vendors, and service providers (including, without limitation, hosting and telecommunications providers) be liable for:
1. Any indirect, incidental, punitive, or consequential damages of any kind whatsoever.
2. Damages for loss of use, profits, data, images, Subscriber Content, or other intangibles.
3. Damages for unauthorized use, non-performance of the System, errors, or omissions.
4. Damages related to downloading or posting Content.
Collectively, StudyLink's and the System's liability under this agreement will not exceed the total fees paid to StudyLink by you for the specific products and services from which the loss arises.
10. MISCELLANEOUS
The failure of either party to enforce any right provided in this Agreement shall not constitute a waiver of any further rights hereunder. StudyLink shall not be liable for any failure to fulfill its obligations under this Agreement where such failure results from any cause beyond StudyLink's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable, or sublicensable by Subscriber except with StudyLink’s prior written consent. StudyLink may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, without regard to its conflict of laws provisions. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Subscriber does not have any authority to bind StudyLink in any respect whatsoever.
Any notice to the System required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to sl.main@studylinkconnect.com or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to
ATTN: StudyLink LLC, 4800 49th Ave Vero Beach, FL 32967
COPYRIGHT POLICY
StudyLink has adopted the following policy toward copyright infringement with respect to the System in accordance with the Digital Millennium Copyright Act. The address of StudyLink's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.
REPORTING COPYRIGHT INFRINGEMENTS
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If You believe that content residing or accessible on the System infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
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Identification of the work or material being infringed.
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Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that StudyLink is capable of finding and verifying its existence.
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Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
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A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
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A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
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The Notifying Party's physical or electronic signature.
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After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, StudyLink shall:
Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the System.
StudyLink will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
StudyLink reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.