From: RISCi_Derpy
These Terms of Service ("Terms") govern your access to and use of the services, websites, and +applications offered by FinalsClub (the "Service"). Your access to and use of the Service is +conditioned on your acceptance of and compliance with these Terms. By accessing or using the +Service you agree to be bound by these Terms.
+ +You may use the Service only if you can form a binding contract with FinalsClub, and only in +compliance with these Terms and all applicable local, state, national, and international laws, +rules and regulations. You must provide us accurate information, including your real name, when +you create your account on FinalsClub.
+ +We may, without prior notice, change the Service; stop providing the Service or features of the +Service, to you or to users generally; or create usage limits for the Service. +You are responsible for safeguarding the password that you use to access the Service and for +any activities or actions under your password. We encourage you to use "strong" passwords +(that use a combination of upper and lower case letters, numbers and symbols) with your +account. FinalsClub will not be liable for any loss or damage arising from your failure to comply +with these requirements.
+ +"Content" means any information, text, graphics, or other materials uploaded, downloaded or +appearing on the Service. You retain ownership of all Content you submit, post, display, or +otherwise make available on the Service.
+ +By submitting, posting or displaying Content on or through the +Service, you grant us permission +to share all content under a Creative Commons Attribution-Share Alike +3.0 Unported (CC BY-SA +3.0) license. For more information, see +http://creativecommons.org/licenses/by-sa/3.0. Note +that exceptions can be made upon request. Or, if you would like more +information, please feel +free to contact us (link to the contact page). +You agree that this license includes the right for other users of the +Service to modify your +Content, and for FinalsClub to make your Content available to others for + the publication, +distribution, syndication, or broadcast of such Content on other media +and services, subject to +our terms and conditions for such Content use. Such additional uses by +FinalsClub or others +may be made with no compensation paid to you with respect to the Content + that you submit, +post, transmit or otherwise make available through the Service.We may +modify or adapt your Content in order to transmit, display or distribute + it over computer +networks and in various media and/or make changes to your Content as are + necessary to +conform and adapt that Content to any requirements or limitations of any + networks, devices, +services or media.
+ +Subject to these Terms, FinalsClub gives you a worldwide, +royalty-free, non-assignable and nonexclusive license to re-post any of +the Content on FinalsClub anywhere on the rest of the web +provided that the Content was added to the Service after April 22, 2008, + and provided that the +user who created the content has not explicitly marked the content as +not for reproduction, and +provided that you: (a) do not modify the Content; (b) attribute +FinalsClub with a human and +machine-followable link (an A tag) linking back to the page displaying +the original source of the +content on FinalsClub.org (c) upon request, either by FinalsClub or a +user, remove the user's +name from Content which the user has subsequently made anonymous; (d) +upon request, either +by FinalsClub or by a user who contributed to the Content, make a +reasonable effort to update a +particular piece of Content to the latest version on FinalsClub.org; and + (e) upon request, either +by FinalsClub or by a user who contributed to the Content, make a +reasonable attempt to delete +Content that has been deleted on FinalsClub.org. +Your Content will be viewable by other users of the Service and through +third party services and +websites. You should only provide Content that you are comfortable +sharing with others under +these Terms. +All Content, whether publicly posted or privately transmitted, is the +sole responsibility of the +person who originated such Content. We may not monitor or control the +Content posted via the +Service. Any use of or reliance on any Content or materials posted via +the Service or obtained by +you through the Service is at your own risk. We do not endorse, support, + represent or guarantee +the completeness, truthfulness, accuracy, or reliability of any Content +or communications posted +via the Service or endorse any opinions expressed via the Service. You +understand that by using +the Service, you may be exposed to Content that might be offensive, +harmful, inaccurate or +otherwise inappropriate. Under no circumstances will FinalsClub be +liable in any way for any +Content, including, but not limited to, 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 made +available via the Service +or broadcast elsewhere. +
You are responsible for your use of the Service, for any Content +you provide, and for any +consequences thereof, including the use of your Content by other users +and third parties +partners. You understand that your Content may be republished and if you + do not have the right +to submit Content for such use, it may subject you to liability. +FinalsClub will not be responsible +or liable for any use of your Content by FinalsClub in accordance with +these Terms. You +represent and warrant that you have all the rights, power and authority +necessary to grant the +rights granted herein to any Content that you submit.We reserve the +right at all times (but will not have an obligation) to remove or refuse + to distribute +any Content on the Service and to terminate users or reclaim usernames. +We also reserve the +right to access, read, preserve, and disclose any information as we +reasonably believe is +necessary to (i) satisfy any applicable law, regulation, legal process +or governmental request, (ii) +enforce the Terms, including investigation of potential violations +hereof, (iii) detect, prevent, or +otherwise address fraud, security or technical issues, (iv) respond to +user support requests, or (v) +protect the rights, property or safety of FinalsClub, its users and the +public. +Rules +You must not do any of the following while accessing or using the +Service: (i) use the Service for +any unlawful purposes or for promotion of illegal activities; (ii) post +any Content (as defined +below) or use the Service in violation of any applicable law (including +intellectual property laws, +right of privacy or publicity laws, and any laws of a non-U.S. +jurisdiction applicable to you), or +any contractual or other legal obligation; (iii) post Content that is +hateful, abusive, threatening, +profane, or otherwise objectionable; (iv) post Content or use the +Service to create an impression +that you know is incorrect, misleading, or deceptive, including by +impersonating others or +otherwise misrepresenting your affiliation with a person or entity; (v) +publish or post other +people's private or personally identifiable information without their +express authorization and +permission; (vi) use the Service for the purpose of spamming anyone; +(vii) publish or link to +malicious content intended to damage or disrupt another user's browser +or computer or to +compromise a user's privacy; (viii) access or tamper with non-public +areas of the Service, +FinalsClub's computer systems, or the technical delivery systems of +FinalsClub's providers; (ix) +probe, scan, or test the vulnerability of any system or network or +breach or circumvent any +security or authentication measures; (x) access or search or attempt to +access or search the +Service by any means (automated or otherwise) other than through the +currently available, +published interfaces that are provided by FinalsClub (and only pursuant +to those terms and +conditions), unless you have been specifically allowed to do so in a +separate agreement with +FinalsClub (crawling the Service is permissible in accordance with these + Terms, but scraping the +Service without the prior consent of FinalsClub except as permitted by +these Terms is expressly +prohibited); (xi) forge any TCP/IP packet header or any part of the +header information in any +email or posting, or in any way use the Service to send altered, +deceptive or false sourceidentifying information; or (xii) interfere +with or disrupt (or attempt to do so) the access of any +user, host or network, including, without limitation, sending a virus, +overloading, flooding, +spamming, mail-bombing the Service, or by scripting the creation of +Content in such a manner +as to interfere with or create an undue burden on the Service.
+ +All right, title, and interest in and to the Service (excluding +Content provided by users) are and +will remain the exclusive property of FinalsClub and its licensors. The +Service is protected by +copyright, trademark, and other laws of both the United States and +foreign countries. Except asexpressly provided herein, nothing in the +Terms gives you a right to use the FinalsClub name or +any of the FinalsClub trademarks, logos, domain names, and other +distinctive brand features. +Any feedback, comments, or suggestions you may provide regarding the +Service is entirely +voluntary and we will be free to use such feedback, comments or +suggestions as we see fit and +without any obligation to you.
+ +FinalsClub respects the intellectual property rights of others and expects users of the Service to +do the same. We will respond to notices of alleged copyright infringement that comply with +applicable law and are properly provided to us. If you believe that your Content has been copied +in a way that constitutes copyright infringement, please provide our copyright agent with the +following information in accordance with the Digital Millennium Copyright Act: (i) a physical or +electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) +identification of the copyrighted work claimed to have been infringed; (iii) 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 us +to locate the material; (iv) your contact information, including your address, telephone number, +and an email address; (v) a statement by you 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 (vi) 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 copyright owner. +Our designated copyright agent for notice of alleged copyright infringement or other legal +notices regarding Content appearing on the Service is: +FinalsClub, Inc. +Attn: Copyright Agent +1132 Massachusetts Avenue +Cambridge, MA 02138 +Email: copyright@FinalsClub.org +Please note that in addition to being forwarded to the person who provided the allegedly illegal +content, we may send a copy of your notice (with your personal information removed) to Chilling +Effects (www.chillingeffects.org) for publication and/or annotation. You can see an example of +such a publication athttp://www.chillingeffects.org/fairuse/notice.cgi?NoticeID=16887. A link to +your published notice will be displayed on FinalsClub in place of the removed content. +We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior +notice and at our sole discretion. In appropriate circumstances, FinalsClub will also terminate a +user's account if the user is determined to be a repeat infringer. +PrivacyFinalsClub values your privacy. We will never sell any personal user information stored on +FinalsClub.org with any third-party corporations or organizations without your express consent. +By using the Service you consent to the transfer of your information to the United States and/or +other countries for storage, processing and use by FinalsClub. Note that user information stored +with any of our affiliate services, such as PBworks.com, is subject to the terms of service of +those service-providers. Please consult the respective Terms of Service for any affiliate services +for specific details.
+ +The Service may contain links to third-party websites or resources. You acknowledge and agree +that we are not responsible or liable for: (i) the availability or accuracy of such websites or +resources; or (ii) the content, products, or services on or available from such websites or +resources. Links to such websites or resources do not imply any endorsement by FinalsClub of +such websites or resources or the content, products, or services available from such websites or +resources. You acknowledge sole responsibility for and assume all risk arising from your use of +any such websites or resources. + +
Your access to and use of the Service or any Content is at your own risk. You understand and +agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without +limiting the foregoing, FINALSCLUB AND ITS PARTNERS DISCLAIM ANY WARRANTIES, +EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR +NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the +completeness, accuracy, availability, timeliness, security or reliability of the Service or any +content thereon. FinalsClub will not be responsible or liable for any harm to your computer +system, loss of data, or other harm that results from your access to or use of the Service, or any +Content. You also agree that FinalsClub has no responsibility or liability for the deletion of, or the +failure to store or to transmit, any Content and other communications maintained by the Service. +We make no warranty that the Service will meet your requirements or be available on an +uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, +obtained from FinalsClub or through the Service, will create any warranty not expressly made +herein.
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINALSCLUB AND ITS +AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT + BE +LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR +PUNITIVE +DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, +GOOD-WILL, +OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF +OR +INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF +ANY +THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY +DEFAMATORY, +OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY +CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE +ORALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON +WARRANTY, +CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER +OR NOT FINALSCLUB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, +AND +EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS +ESSENTIAL +PURPOSE.
+Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation +of liability for consequential or incidental damages, so the limitations above may not apply to +you. +If anyone brings a claim against us related to your actions or Content on the Service, or actions +or Content by or from someone using your account, you will indemnify and hold us harmless +from and against all damages, losses, and expenses of any kind (including reasonable legal fees +and costs) related to such claim.
+These Terms and any action related thereto will be governed by the laws of the State of +California without regard to or application of its conflict of law provisions or your state or country +of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, +legal proceedings or litigation arising in connection with the Service will be brought solely in +Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts +and waive any objection as to inconvenient forum. +For any claim (excluding claims for injunctive or other equitable relief) under these Terms where +the total amount of the award sought is less than $10,000, the party requesting relief may elect +to resolve the dispute through binding non-appearance-based arbitration. The party electing +such arbitration shall initiate the arbitration through an established alternative dispute resolution +("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must +comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or +be solely based on written submissions, as selected by the party initiating the arbitration; b) the +arbitration shall not involve any personal appearance by the parties or witnesses unless +otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the +arbitrator may be entered in any court of competent jurisdiction. +These Terms are the entire and exclusive agreement between FinalsClub and you regarding the +Service (excluding any services for which you have a separate agreement with FinalsClub that is +explicitly in addition or in place of these Terms), and these Terms supersede and replace any +prior agreements between FinalsClub and you regarding the Service. +The failure of FinalsClub to enforce any right or provision of these Terms will not be deemed a +waiver of such right or provision. In the event that any provision of these Terms is held to be +invalid or unenforceable, the remaining provisions of these Terms will remain in full force and +effect.We may revise these Terms from time to time. The most current version will always be on this +page (or such other page as the Service may indicate). If the revision, in our sole discretion, is +material we will notify you via posting to our website or e-mail to the email associated with your +account. By continuing to access or use the Service after those revisions become effective, you +agree to be bound by the revised Terms.
+ +The Service is operated and provided by FinalsClub, Inc., 1132 Massachusetts Avenue +Cambridge, MA 02138. If you have questions about these Terms, please contact Andrew ~at~ +FinalsClub d0t org
+