Terms of Use 2017-04-12T12:32:18+00:00

Website Terms of Use

 

(Effective November 13, 2015)

 

1. Your Acceptance

A. By using and/or visiting this website (collectively, including all Content, information and materials available through the www.whoswhoamongstudents.com domain name, the “Website”), you signify your agreement to (1) these Terms of Use, and (2) the Privacy Policy, found at www.whoswhoamongstudents.com/privacy and incorporated here by reference. If you do not agree to any of these terms or the Privacy Policy, please do not use the Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version published on the Website. WW Scholars, LLC (referred to herein as “WWS”) may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third-party.

2. WWS Website

These Terms of Use apply to all users of the Website, including users who are also contributors of information and other materials or services on the Website. These Terms of Use apply to all aspects and features of the Website.

3. Other Websites

The Website may contain links to third party websites that are not owned or controlled by WWS. WWS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WWS will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve WWS from any and all liability arising from your use of any third-party website.

Please be aware when you leave the Website, and be sure to read the terms and conditions and privacy policy of each other website that you visit.

4. WWS Accounts

In order to access some features of the Website, you may have to create an account. Your creation and use of an account shall be governed by the terms and conditions set forth in these Terms of Use.

If you are a Who’s Who Honoree, you may establish a WWS account with us to setup a profile (“User Profile”), accept and make requests to connect with others (“User Friend Requests”), send direct message to users who are your friends (“Friend Messages”), and post other User Content, all in accordance with our onscreen processes for doing so and these Terms of Use. All of these functionalities and services are accessible by signing in with your User credentials for your WWS account.

Please keep your User credentials secure and do not share them with anyone. Access to your User credentials will enable full access to your WWS account. You authorize and direct us and our subcontractors to follow any instructions or account changes initiated using your User credentials.

5. Prohibited and Permitted Uses of the Website Generally

In order for you to access and use the Website as set forth in these Terms of Use, you agree that:

A.  You agree not to distribute in any medium any part of the Website, including but not limited to User Content (defined below), without WWS’ prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to any coding or other technologies, whether or not embedded.

C. You agree not to access Content (defined below) or User Content (defined below) through any technology or means other than the authorized designated pages of the Website itself or other explicitly authorized means WWS may designate. You agree not to access or use any password protected or secure areas of the Website which are reserved for Authorized Users only. “Authorized Users” include only persons who have been issued a password for access to a password protected area or who have received clearance from WWS to access a secure area of the Website. Unauthorized individuals attempting to access these areas of the Website or individuals attempting to exceed the scope of their authorization or to circumvent any security measures or to engage in any other unauthorized act may be subject to prosecution or other liability, including, without limitation, under the Computer Fraud and Abuse Act (18 USC § 1030) and the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998), 17 U.S.C. § 1201, et seq.).

D. Your use of the Website is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to change without permission or deliberately damage the Website is a violation of criminal and civil laws. You may not engage in any activity on the Website that restricts, inhibits or detracts any other user from using or enjoying the Website by “hacking”, “cracking”, “spoofing”, or defacing any portions of the Website.

In addition, you agree not to post or transmit through the Website any material that violates or infringes in any way the rights of others or is fraudulent, unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, or constitutes spam, or which gives rise to civil or criminal liability or otherwise violates any local, state or federal law, including, without limitation, U.S. export control laws and the Children’s Online Privacy Protection Act. You agree not to engage in any unlawful communications or unlawful collection, disclosure, uploading or maintenance of information regarding individuals under the age of thirteen. WWS reserves the right to seek legal action and damages against any person who violates the law, or any of the terms or policies set forth herein, to the fullest extent permitted by law.

E. You agree not to use the Website, or any Content, User Content, information, material or technologies, for any commercial use, without the prior written authorization of WWS. By way of non-limiting example, prohibited commercial uses include any of the following actions taken without WWS’ express approval:

  • Creation of a WWS account, User Profile, Friend Messages, or other User Content for anyone other than you individually, including, without limitation, for a fictitious person or individual other than yourself, or any entity that is not a consumer, or to promote any entity, or for commercial or other non-consumer access;
  • sale of access to the Website or its related services on another website;
  • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
  • the sale of advertising on the Website or any third-party website, targeted to the content of specific User Content or Website Content;
  • any use of the Website or its related services that WWS finds, in its sole discretion, to use WWS’ resources or User Content with the effect of competing with or displacing the market for the Website, Website Content, or its User Content.

F. You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, WWS grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. WWS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Content.

G.  You will otherwise comply with these Terms of Use and all applicable local, national, and international laws and regulations.

H. WWS reserves the right to discontinue any aspect of the Website or your access to the Website at any time.

6. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website.

A.  The content on the Website, except all User Content (as defined below), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos associated therewith or contained therein (“Marks”), are owned by or licensed to WWS, subject to copyright, trademark and other intellectual property rights under the law. Content is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WWS reserves all rights not expressly granted in accordance with these Terms of Use.

B. If allowed by WWS, your access to User Content shall be:

  • for your information and personal, non-commercial use; and
  • as intended through the normal functionality of the Website.

C. WWS may permit users of the Website to post “User Content.” In such case, User Content will be available to you for your information and personal use solely as intended through the normal functionality of the Website. User Content is made available “AS IS”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this Agreement.

D. You may access and use Content, User Content and other content only as permitted under this Agreement. WWS reserves all rights not expressly granted in and to the Content and the Website.

E. You agree to not engage in the use, copying, transmission, or distribution of any of the Content or User Content, other than expressly permitted herein, including any use, copying, transmitting or distribution of User Content of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or User Content or enforce limitations on use of the Website or the Content therein.

G. You understand that when using the Website, you may be exposed to User Content from a variety of sources, and that WWS is not responsible for the accuracy, truthfulness, usefulness, safety, legality, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WWS with respect thereto, and agree to indemnify and hold WWS harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

7. Content and Conduct

A. WWS may permit Website account holder to submit textual Content (“User Content”). You understand that whether or not such User Content is published, WWS does not guarantee any confidentiality with respect to any User Content. “User Content” includes User Profiles, User Friend Requests and Friend Messages.

B. You shall be solely responsible for your own User Content and the consequences of posting or publishing such information. In connection with User Content, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize WWS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms of Use, including, without limitation, for the User Content to be uploaded, downloaded, copied, streamed, reproduced, distributed, transmitted, broadcast, displayed, and otherwise used as contemplated by the Website.

C.  For clarity, you retain any and all of your ownership rights in your User Content. However, by submitting User Content to WWS or the Website, you hereby grant WWS a worldwide, non-exclusive, royalty-free, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, transmit, broadcast, stream, prepare derivative works of, display, and perform the User Content in connection with the Website and WWS’ (and its successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Content through the Website and to use, reproduce, distribute, transmit, broadcast, stream, display and perform such User Content as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you are perpetual and irrevocable.

D.  In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark rights, and privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WWS all of the license rights granted herein.

E. WWS does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and WWS expressly disclaims any and all liability in connection with User Content. WWS does not permit infringing activities (including, without limitation, copyright or trademark infringement), and WWS reserves the right to remove all Content and User Content if properly notified that such Content or User Content infringes on another’s intellectual property rights or if WWS suspects that Content or User Content is infringing. WWS reserves the right to remove Content and User Content without prior notice. Notwithstanding the foregoing, WWS reserves the right, but takes on no affirmative obligation, to monitor and remove the Content or User Content. You acknowledge and agree that neither WWS nor any of its partners has any liability for any action or inaction with respect to any conduct, communication or posting on the Website.

F. You are solely responsible for ensuring that your access and use of the Website complies with all applicable international, national, federal, state and local laws and regulations, including, without limitation, U.S. export control laws and restrictions and the laws of other countries, including, for example, the country where you reside, as well as any end-use, end-user, and destination restrictions regarding export or import restrictions of the jurisdiction in which the information is used or to or from which the information or material is exported.

If you believe that any User Content violates these Terms of Use or that any User has violated these Terms of Use, including, without limitation, the violations listed in Section 5 above (but excluding violations of intellectual property law), and/or to harass, intimidate, threaten, bully or abuse a User, please contact us directly at our address listed at the end of these Terms of Use to the attention of our Legal Department. Please send us complete information about your concerns, including, without limitation, screen shots of the relevant User Content.

8. Account Termination Policy

A. WWS reserves the right to terminate a User’s access to its Website at any time, in the sole discretion of WWS, without prior notice. It is WWS’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of infringers.

B. WWS reserves the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations (other than copyright infringement and violations of intellectual property law), such as, but not limited to, harassment or bullying, pornography, violent, obscene or defamatory material, hate speech or excessive length. WWS may remove such User Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

9. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • 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;
  • 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 the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have 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; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • WWS’ designated Copyright Agent to receive notifications of claimed infringement is: Attn: WWS DMCA Infringement Notification; WW Scholars, LLC; PO Box 1398 Tuscaloosa, AL 35403; Email: info@whoswhoamongstudents.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to WWS’ customer service through info@whoswhoamongstudents.com . You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Birmingham, Alabama, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • If a counter-notice is received by the Copyright Agent, WWS may (but has no obligation to) send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may in WWS’ sole discretion be replaced, or access to it restored.

10. Warranty Disclaimer; Limitation of Liability; Indemnification

A.  You acknowledge that WWS has contracted with marketing partners and affiliates in connection with the services offered through the Website.

B.   WWS PROVIDES THE WEBSITE, THESE AND OTHER MATERIALS, THE CONTENT, THE USER CONTENT, AND ALL OTHER SERVICES, PROGRAMS, AND PRODUCTS “AS-IS” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS OR AVAILABILITY. You also agree that WWS, its marketing partners and affiliates do not represent, warrant or guaranty that the Website, Content, User Content, or any such other products, and services will be uninterrupted, without omissions or error free, or that defects will be corrected or changes implemented. IN NO EVENT SHALL WWS, ITS MARKETING PARTNERS OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO (I) YOUR USE OF THE WEBSITE, (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, INDEMNITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WWS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. In the event WWS, its marketing partners or affiliates is held liable for any damages related to such matters, your sole and exclusive remedy will be limited to a payment equal to five hundred dollars ($500.00). You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based, otherwise such claim or action is permanently barred. If any provision(s) of these Terms of Use are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. The failure by WWS to exercise rights granted to WWS hereunder upon the occurrence of any of the contingencies set forth in this agreement will not constitute a waiver of such rights upon the recurrence of such contingency.

C. You agree to defend, indemnify and hold harmless WWS, its marketing partners and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Website; (ii) your breach or violation of any term of these Terms of Use, including, without limitation,; or (iii) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right. This hold harmless, defense and indemnification obligation will survive in perpetuity.

D. For purposes of these Terms of Use, all references to WWS, marketing partners or affiliates shall include the subsidiaries, affiliates, officers, directors, partners, employees, and agents of WWS, its marketing partners, and its affiliates.

E. The Website is controlled and offered by WWS from its facilities in the United States of America. WWS makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11.    Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age (19 years if you reside in Alabama or in any other state in which the age of majority is 19), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are age 14 or older, as the Website is not intended for children under 14. If you are under 14 years of age, then please do not use the Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned and transferred by WWS without restriction.

13. General

You agree that: (i) the Website shall be deemed solely based in Alabama and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over WWS, either specific or general, in jurisdictions other than Alabama. These Terms of Use shall be governed by the internal substantive laws of the State of Alabama, without consideration of its conflict of laws principles. Any claim or dispute between you and WWS that arises in whole or in part from the Website shall be decided exclusively by a federal court in the Northern District of Alabama, or if there is no federal jurisdiction, then venue will be in a circuit court in Jefferson County, Alabama. These Terms of Use, together with the Privacy Policy and any other legal notices published by WWS on the Website, shall constitute the entire agreement between you and WWS concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

WW Scholars, LLC

PO Box 1398

Tuscaloosa, AL 35403