Image Image Image Image Image Image Image Image Image Image

Universal Scholar | December 11, 2017

Scroll to top

Top

Terms of Use - Universal Scholar

NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. PLEASE SEE SECTIONS 13 AND 14 BELOW.

1.  General Terms

By using this Site, you agree to follow all terms contained in the Terms of Use agreement. If you do not agree to these terms, you should not access or otherwise continue to use the Site.

This Terms of Use agreement constitutes the entire agreement between you and Universal Scholar, and supersedes any prior agreement between you and Universal Scholar.

2.  Privacy

We take the privacy of our users very seriously at Universal Scholar. Please review our Privacy Policy for a detailed explanation of what data we collect about our users, and how this data is used.

3.  Security

While we work to ensure the integrity and functionality of our site, and the security of stored User data, we cannot guarantee this. Universal Scholar is not responsible for any harm you may suffer as a result of a cyber attack on the Site, exposure to malware, or any other breach of these Terms of Use by any User.

4.  Advertisement

Universal Scholar is supported through the hosting of third-party advertisements. The content of any advertisement displayed on the Site is solely that of the advertiser, and is not endorsed by Universal Scholar.

5.  User-Created Content

You retain full ownership of any articles belonging to you that you post on Universal Scholar.

By submitting an article for publication, you are granting Universal Scholar a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use and display this content for all legitimate business purposes.

You may terminate this license at your discretion by requesting that Universal Scholar delete your article. Should you choose to delete an article, we will remove it from the Site as quickly as possible. Be advised that a copy of the content may remain on our servers for a reasonable period of time in the form of temporary backup data, but will not be available to the general public.

When an article you submit is published, it is visible to any visitor to the Site. It is possible that visitors may copy some or all of your article’s content without your knowledge. Universal Scholar is not responsible for any infringement of your copyright resulting from third party use of content you publish on the Site.

Comments posted on Universal Scholar do not constitute intellectual property and may be used for any purpose, by any party, with or without notice to you.

6.  Registration

In the course of using Universal Scholar, you may be prompted to register for a User Account by filling out an online registration form, which may be required in order for you to use certain features of the Site such as publishing articles, posting comments, or receiving email updates from Universal Scholar. By creating a User Account, you agree that the information you provide will be accurate to the best of your knowledge.

You may be required to choose a username and password when registering for a User Account. You are responsible for maintaining the confidentiality of your username and password, and agree that this username and password will be the primary means of identifying yourself to Universal Scholar.

You are responsible for all actions carried out on the Site by your User Account. You should not allow people other than yourself to make use of your User Account.

7.  User Conduct

By using Universal Scholar, you agree to abide by the following rules of conduct while on the Site.

  1. You will not post content or otherwise engage in conduct that infringes on another’s intellectual property rights.
  2. You will not post content or otherwise engage in conduct that constitutes a criminal offense or gives rise to civil liability.
  3. You will not post content advocating or instructing in criminal activity.
  4. You will not post content that is primarily hate speech or that is primarily pornographic in nature.
  5. You will not post content you know to be false or misleading.
  6. You will not post content intended to be harassing, insulting, defamatory, or threatening towards any individual, entity, or User.
  7. You will not claim that Universal Scholar endorses any content you post.
  8. You will not knowingly provide false User registration information to Universal Scholar.
  9. You will not impersonate another individual or entity.
  10. You will not share your password or otherwise allow others to access your User Account.
  11. You will not attempt to gain unauthorized access to another User’s Account.
  12. You will not solicit or otherwise collect Users’ personally identifying information.
  13. You will not attempt to gain unauthorized access to Universal Scholar’s servers or to any User data contained therein.
  14. You will not disrupt or interfere with the functions of the Site, its servers, or the site or servers of any of Universal Scholar’s advertising partners.
  15. You will not post or otherwise transmit any content containing viruses or other malware, or knowingly post content containing links to outside sites which contain viruses or other malware.
  16. You will not knowingly violate any portion of this Terms of Use agreement, or use any of Universal Scholar’s services to facilitate or encourage other Users to violate this Terms of Use agreement.

8.  Content Standards

Though Universal Scholar is built around the principle of free and open access to research and publishing resources, in order to maintain a high quality academic environment and to comply with applicable laws, we have placed certain limits on what content you may include in comments and articles posted on the Site.

  1. Illegal Content
    Content which is found to be in violation of applicable law is not permitted on Universal Scholar. This includes, but is not limited to, threats of violence or terrorism, content representing part of a scheme to defraud, and content instructing on the creation of illegal drugs or weapons. Upon receipt of proper notice that a comment or article is in violation of applicable law, Universal Scholar will take prompt action to remove such content.
  2. Copyrighted Content
    Users may not post comments or submit articles that contain copyrighted content of which they are not the copyright holder, without express permission on the part of the copyright holder. Upon receipt of proper notice from a copyright holder that a comment or article infringes on their copyright Universal Scholar will take prompt action to remove such content.
  3. Commercial Content
    Comments or articles which are primarily advertisements or offers for sale of goods or services are not permitted on Universal Scholar.
  4. Unsuitable Content
    Comments or articles which are not primarily of an academic nature are not permitted on Universal Scholar. This includes, but is not limited to, original works of fiction, personal journals, and reviews of products or services.
  5. Low Quality Content
    Comments or articles which do not maintain a minimal level of professionalism are not permitted on Universal Scholar. This includes, but is not limited to, excessive use of profanity, insulting or defamatory content, blatantly false content, pornographic or obscene content, hate speech, and personal harassment of other users.

Universal Scholar reserves the right to remove or refuse to publish any comment or article, at any time, with or without notice, if that content is determined by Universal Scholar to violate the content standards above.

Universal Scholar reserves the right to suspend your privileges to post comments and submit articles, without notice, at any time, either temporarily or permanently, if you violate the content standards above. Such a suspension of privileges is discretionary, and its duration will reflect the severity of your violation.

9.  Termination

Universal Scholar reserves the right to terminate your User Account at any time if, at our discretion, we determine you have breached the Terms of Use, engaged in conduct potentially exposing Universal Scholar to legal liability, or engaged in other conduct deemed unacceptable to Universal Scholar. All other provisions of the Terms of Use agreement shall survive such termination of a User Account.

Universal Scholar reserves the right to terminate this Terms of Use agreement at any time.

10.  Amendments

Universal Scholar reserves the right to modify its Terms of Use at any time, for any reason. Registered Users who provided an email address will be notified via email if any changes are made that substantially affect their rights under this agreement. Continued use of the Site constitutes acceptance of the amended Terms of Use.

11.  Disclaimer of Warranty and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. UNIVERSAL SCHOLAR AND ITS AFFILIATED ENTITIES, THEIR EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS MAKE NO WARRANTY AS TO THE SAFETY AND FUNCTIONALITY OF THE SITE, THE SECURITY OF ITS DATA, OR THE ACCURACY OF THE CONTENT DISPLAYED ON THE SITE.

THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY FORM OF WARRANTY EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE WARRANTIES ARE IMPLIED BY ACTION OF LAW.

UNIVERSAL SCHOLAR IS NOT RESPONSIBLE FOR THE ACTIONS OF, OR CONTENT AND INFORMATION POSTED BY, USERS OR OTHER THIRD PARTIES. INFORMATION DISPLAYED ON THE SITE IS INTENDED SOLELY FOR INFORMATION AND EDUCATIONAL PURPOSES. UNIVERSAL SCHOLAR DOES NOT PROVIDE MEDICAL, FINANCIAL, OR LEGAL ADVICE. UNIVERSAL SCHOLAR IS NOT RESPONSIBLE FOR ANY USER’S ACTION OR INACTION STEMMING FROM CONTENT DISPLAYED ON THE SITE.

UNIVERSAL SCHOLAR DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES STEMMING FROM UNAUTHORIZED ACCESS OR USE OF USERS’ PERSONALLY IDENTIFYING INFORMATION.

YOU RELEASE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNIVERSAL SCHOLAR, ITS AFFILIATED AND PARENT ENTITIES, ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FROM LIABILITY FOR ANY AND ALL ALLEGED OR ACTUAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE, OR FROM ANY ALLEGED OR ACTUAL FAILURE IN THE OPERATION OF THE SITE, ITS SERVERS, OR THIRD PARTY AFFILIATES INVOLVED IN THE OPERATION OF THE SITE, INCLUDING BUT NOT LIMITED TO THE LOSS OR UNAUTHORIZED RELEASE OF USERS’ ACCOUNT DATA, THE LOSS OF USERS’ CONTENT, EXPOSURE TO COMPUTER VIRUSES OR OTHER MALWARE, RELIANCE UPON INACCURATE INFORMATION CONTAINED IN ARTICLES OR COMMENTS, PERSONAL INJURY, THEFT OR LOSS OF PROPERTY, AND DAMAGE TO GOOD WILL.  YOU EXPRESSLY WAIVE ANY LIABILITY ON THE PART OF UNIVERSAL SCHOLAR, ITS AFFILIATED AND PARENT ENTITIES, ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FOR ANY DEFAMATORY, INFRINGING, ILLEGAL, OR OTHERWISE OFFENSIVE OR INJURIOUS CONDUCT BY ANY USER.

IF ANY PORTION OF THE ABOVE DISCLAIMER OF WARRANTY AND WAIVER OF LIABILITY IS DISALLOWED UNDER APPLICABLE LAW, ALL OTHER PORTIONS REMAIN IN FULL EFFECT.

12.  Governing Law

All claims or controversies arising out of or in connection with this Terms of Use agreement or out of or in connection with your use of the Site or relationship with Universal Scholar will be governed by the laws and decisions of the State of Florida, except where preempted by applicable federal law.

13.  Arbitration of Disputes – READ CAREFULLY; THIS SECTION SUBSTANTIALLY AFFECTS YOUR LEGAL RIGHTS

You agree that this Terms of Use agreement affects interstate commerce and thus that the Federal Arbitration Act governs the interpretation of the following arbitration clause.

In the event of a dispute or other legal controversy arising out of or in connection with your use of the Site or your relationship with Universal Scholar under this Terms of User agreement, the party asserting a claim agrees to give written notice to the other party via email, if possible, containing their contact information, a description of the alleged facts of the dispute, and a request for relief. If you wish to assert a claim against Universal Scholar, you agree to transmit such notice to support@universalscholar.com. Except where present and ongoing harm is alleged, as in allegations of infringement of intellectual property rights, the parties agree to a thirty (30) day period following receipt of notice, during which time the parties further agree to negotiate in good faith to attempt to resolve the dispute.

Except as otherwise specified, following the expiration of this thirty (30) day negotiation period, parties agree that any dispute not settled through informal negotiation shall be submitted to mandatory binding arbitration in the State of Florida. Claims with a total value of no more than five thousand dollars ($5,000) are not subject to mandatory arbitration and may be brought by any party in any court of competent jurisdiction. Claims for injunctive relief, removal of infringing content, or other forms of pre-judgment relief may be brought by any party in any court of competent jurisdiction.

Arbitration proceedings shall be administered by a single arbitrator and shall be governed, except as otherwise specified in this Terms of Use agreement, by the Commercial Rules and Customer-Related Disputes Supplementary Procedures of the American Arbitration Association (“AAA”). Information regarding the rules and fees associated with the AAA can be found at www.adr.org. In reaching a decision, the arbitrator is obligated to follow this Terms of Use agreement, but may otherwise award the same damages as any court of law. This notwithstanding, the arbitrator shall not award punitive damages or attorneys’ fees, except where this is prohibited by law. The arbitrator’s award shall be in writing and parties agree that this award shall be final and dispositive of any dispute between them. Parties understand and agree that this arbitration agreement represent a waiver of their right to a jury trial, and that discovery may be more limited in an arbitration proceeding than in a jury trial.

The party asserting a claim shall be responsible for the cost of filing arbitration and for the arbitrator’s fee. If the claimant prevails in arbitration, the arbitrator has discretion to award these arbitration costs, in whole or in part, to the claimant. Parties shall be solely responsible for all other expenses they incur in the course of arbitration, including but not limited to attorneys’ fees, except where this is prohibited by applicable law.

The record of any arbitration proceedings, including evidence and testimony, shall be kept confidential. Awards may be confirmed as judgments in any court of competent jurisdiction. Any arbitration pursuant to the Terms of Use agreement shall be instituted no more than two (2) years after the date of the incident giving rise to the dispute.

This arbitration clause shall survive the termination of the Terms of Use agreement.

All provisions of this arbitration clause are severable. A finding of invalidity as to one portion shall not be deemed to invalidate the arbitration clause as a whole.

14.  Class Action Waiver – READ CAREFULLY; THIS SECTION SUBSTANTIALLY AFFECTS YOUR LEGAL RIGHTS

You agree that you will resolve any and all disputes with Universal Scholar, its affiliated and parent entities, its employees, officers, directors, and agents in connection with this Terms of Use agreement on an individual basis. You agree to only bring claims against these parties in an individual capacity, not on behalf of a class or in any other form of consolidated litigation. You further agree not to participate in any class action or other form of consolidated litigation in connection with this Terms of Use agreement brought by a third party against Universal Scholar.

15.  Indemnification

If any party brings a claim against Universal Scholar related to your actions on the Site, or the content of comments or articles you have posted on the Site, you will indemnify and hold harmless Universal Scholar, its affiliates and their respective directors, officers, employees and agents from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs related to such claim, arising out of the use of the Site by you or your User Account.

Although we provide rules for user conduct on the Site, we do not control users’ actions and are not responsible for the content of articles or comments that users share on Universal Scholar. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Universal Scholar. We are not responsible for the conduct of any user of Universal Scholar.

16.  Copyright

Universal Scholar respects the rights of copyright holders, and we are committed to upholding our responsibility under the Digital Millennium Copyright Act to remove infringing content upon proper notice. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@universalscholar.com.

17.  Definitions

“Universal Scholar” shall mean Universal Scholar Holdings, Inc.

“Site” shall mean the website accessible at www.universalscholar.com.

“User” shall mean you or any other individual accessing or otherwise making use of the Site.

“User Account” shall mean any profile or similar account a User creates through registration on the Site.

“Post,” “publish,” and “submit for publication” shall be interchangeable and shall refer to any uploading of content by a User to the Site.

18.  Supplemental Terms

If any portion of the Terms of Use agreement is found to be unenforceable, the remainder shall remain in force.

If Universal Scholar fails to enforce any provision or provisions of the Terms of Use, this will not be deemed to represent waiver.

Your rights under the Terms of Use are not transferable without Universal Scholar’s consent.

All of Universal Scholar’s rights and obligations under the Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Universal Scholar reserves all rights not expressly granted to you.

These Terms of Use were last updated on December 15, 2014.