Terms And Conditions

YOUR ACCEPTANCE
1. By using and/or visiting this website (collectively, including all content and functionality available through the StudentsKnow.com, LLC domain name, the "StudentsKnow.com Website", “StudentsKnow” or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms & Conditions"), (2) StudentsKnow’s Privacy Policy, found at http://www.StudentsKnow.com/privacy and incorporated here by reference, and (3) StudentsKnow's Community Guidelines, found at http://www.StudentsKnow.com/community_guidelines and also incorporated here by reference. If you do not agree to any of these terms, the StudentsKnow Privacy Policy, or the Community Guidelines; please do not use the StudentsKnow Website.
2. At any time and from time to time, StudentsKnow may modify these terms and the policies, or may modify, suspend or discontinue, temporarily or permanently, the StudentsKnow products or the StudentsKnow revenue share program (or any parts thereof). Modifications to these Terms & Conditions will be posted on the StudentsKnow Site http://www.StudentsKnow.com/terms) or made in compliance with any notice requirements set forth in these terms. Modifications to the StudentsKnow products or the StudentsKnow revenue share program will be effective upon posting to the StudentsKnow Site. You agree that StudentsKnow shall not be liable to you or to any third party for any modification, suspension or discontinuance of this agreement, the policies, the StudentsKnow products or the StudentsKnow revenue share program. Nothing in these terms shall be deemed to confer any third-party rights or benefits. By continuing to Participate after StudentsKnow has posted any such modifications or provided any required notices, you agree to be bound by the modifications. Please review these terms and the policies regularly so that you will be apprised of any modifications. If any modification is not acceptable to you, your only recourse is to cease participation.

WEBSITE INCLUDES
1. These Terms & Conditions apply to all users of the StudentsKnow Website, including users who are also publishers and/or sharers of video & podcast content, information, and other materials or services on the Website. The StudentsKnow Website includes all aspects of StudentsKnow, including but not limited to all products, software and services offered via the website such as the StudentsKnow "Embeddable Player," the StudentsKnow "Facebook Widget" and other applications.
2. The StudentsKnow Website may contain links to third-party websites that are not owned or controlled by StudentsKnow. StudentsKnow has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, StudentsKnow will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve StudentsKnow from any and all liability arising from your use of any third-party website.
3. Accordingly, we encourage you to be aware when you leave the StudentsKnow Website and to read the terms and conditions and privacy policy of each other website that you visit.

ACCOUNTS
1. In order to access some features of the Website, you will have to create a StudentsKnow account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You will be responsible for safeguarding your password. You also take full responsibility for any actions under your password and Account, whether authorized by you or not. You are responsible for keeping your Account information current. You acknowledge and agree that StudentsKnow will have no responsibility or liability, directly or indirectly, for: (i) the availability of the external websites or resources of such third party affiliates or partners; (ii) the acts or omissions of, or any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on, such third party affiliates or partners, regarding your Account; or (iii) failure to deliver notices or payments that result from inaccurate Account information.
2. Although StudentsKnow will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of StudentsKnow or others due to such unauthorized use.

REVENUE AND PAYMENT TERMS
1. Payments Due to you. You may be able to generate revenue through participation as a Publisher or a Sharer, through valid, end user activity relating to Video & Podcast Content and Ads. Such activity could include for example, without limitation, full video & podcast content views or clicks on an Ad, conversion of an Ad click to a sale, or delivery of an Ad impression displayed in connection with video & podcast content (collectively, "Advertising Revenue").
  1. Publisher Revenue. Subject to your compliance with the terms and conditions of this agreement, and depending on the associated revenue structure, if any, made available to and selected by you, StudentsKnow will pay you fifty percent (50%) of the gross revenue payable to StudentsKnow from the applicable advertisers for advertising revenue generated on StudentsKnow.com, and forty percent (40%) of the gross revenue payable to StudentsKnow from the applicable advertisers for advertising revenue generated when your content is “shared” by Sharers less any third party affiliate acquisition fees and syndicator fees, as a result of valid Advertising Actions generated in connection with your videos & podcasts distributed by StudentsKnow. You understand and agree in the event your video & podcast content is distributed (i) by certain Third Party Service Providers and sharers via Broadcast Distribution or Mobile Distribution; or (ii) with non-commercial sponsorship or Ads, such distribution may not generate revenue for you.
  2. Sharer Revenue. Subject to your compliance with the terms and conditions of this agreement, and depending on the distribution channels (and associated revenue structure, if any) made available to and selected by you, StudentsKnow will pay you twenty percent (20%) of the gross revenue payable to StudentsKnow from the applicable Sponsors and Third Party Service Providers, less any third party affiliate acquisition fees, as a result of valid advertising revenue generated in connection with video & podcast content and Ads distributed by you through sharing content to third party websites using functionality provided by StudentsKnow.com such as – “embed code”, “Facebook Widget” and “email to a Friend”. You understand and agree that your distribution of video & podcast content (i) via certain Broadcast Distribution or Mobile Distribution channels; or (ii) that contains non-commercial sponsorship or Ads, may not generate syndication revenue for you.
  3. Charitable Donations. StudentsKnow will pay five percent (5%) of the gross revenue payable to StudentsKnow from the applicable advertisers for advertising revenue generated on StudentsKnow.com less any third party affiliate acquisition fees and syndicator fees, as a result of valid Advertising Actions generated in connection with all videos & podcasts distributed by StudentsKnow. StudentsKnow reserves the right in its sole discretion to choose this charity. StudentsKnow will also set forth payment parameters on a case by case basis with chosen charity defining payment terms and limitations.
2. Payment Terms. Amounts due to you, if any, in connection with your participation as a publisher or sharer, will be determined solely by StudentsKnow based on advertising revenue data—regarding impressions, clicks, conversions and other applicable metrics—collected by and/or supplied to StudentsKnow. Payments earned as a result of valid advertising actions will accrue and be posted to your account via PayPal. All payments will be made in U.S. Dollars. Generally, accrued payments will be transferred to your PayPal account thirty (30) days after the end of the calendar month in which they accrued. For example, revenue generated as a result of Advertising Actions on June 30 and July 1 will be available for withdrawal on July 30 and August 30, respectively. StudentsKnow will not be liable for damages resulting from any failure to post payments to PayPal within such thirty (30) day period. Notwithstanding the foregoing, StudentsKnow shall make no payments until such accrued payments total at least twenty-five dollars ($25). You will not be entitled to receive interest on any payments. You will not generate or receive payments unless you have signed up for a Profile, providing a valid email address linked to a valid PayPal account. If you dispute StudentsKnow’s payments made to you under this agreement, you must notify StudentsKnow in writing within thirty (30) days of StudentsKnow depositing such payment to your PayPal account. Failure to notify StudentsKnow in this manner will result in your waiver of any claim relating to such dispute. StudentsKnow will use reasonable efforts to resolve any such dispute in good faith, but StudentsKnow’s resolution will be final. You are responsible for any and all applicable taxes or charges imposed by any government entity in connection with your Participation. StudentsKnow may change its pricing and/or payment structure at any time, upon thirty (30) days' prior notice of any such change (unless StudentsKnow is required by law to provide more than thirty (30) days notice). All modified payment terms shall be effective thirty (30) days after notice has been provided to you by StudentsKnow (or such other time period specified in such notice). If any such modified payment terms are not acceptable to you, your only recourse is to cease Participation. By continuing to Participate following notice of any modified payment terms as set forth herein, you accept and agree to be bound by such modified payment terms. For the purposes of checking credit, effecting payment and/or servicing your Account, StudentsKnow may share with third parties, such as payment processors and/or credit agencies, any credit card and related payment information that you provide.
3. Exceptions. StudentsKnow will have no obligation to pay any amounts, and is permitted to deduct or withhold any amounts from or posted to your Account, determined or reasonably suspected by StudentsKnow in its sole discretion to have resulted from: (i) Action Fraud (as defined in Section 10 ("Click Fraud") below), including without limitation through any clicks originating from your IP addresses or computers under your control, solicited by payment of money, false representation or request for end users to click on Ads, or Actions co-mingled with a significant number of invalid Advertising Actions; (ii) Advertising Actions originating on video & podcast content that breaches this agreement, including but not limited to the restrictions set forth in Section 11 ("Adult Content") and Section 12 ("Copyright Infringement"); or (iii) fraudulent, misleading or false activities. StudentsKnow reserves the right to withhold or deduct payment, if applicable, or suspend or otherwise disable your Account, pending StudentsKnow‘s reasonable investigation of any of the foregoing or any breach of this agreement by you.

PRIVACY
1. Participation is governed by the StudentsKnow Privacy Policy located at http://www.StudentsKnow.com/privacy.
USE PERMISSIONS/RESTRICTIONS

StudentsKnow hereby grants you permission to access and use the Website as set forth in these Terms & Conditions, provided that:

You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without StudentsKnow's prior written authorization.
You agree not to alter or modify any part of the Website, including but not limited to StudentsKnow's Embeddable Player, Facebook Widget or any of its related technologies.
You agree not to access User Submissions (defined below) or StudentsKnow Content through any technology or means other than the video playback pages of the Website itself, the StudentsKnow Embeddable Player, or other explicitly authorized means StudentsKnow may designate.
You agree not to use the Website, including the StudentsKnow Embeddable Player for any commercial use, without the prior written authorization of StudentsKnow. Prohibited commercial uses include any of the following actions taken without StudentsKnow's express approval:
1. sale of access to the Website or its related services (such as the Embeddable Player) on another website;
2. use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining subscription revenue;
3. and any use of the Website or its related services (such as the Embeddable player) that StudentsKnow finds, in its sole discretion, to use StudentsKnow's resources or User Submissions with the effect of competing with or displacing the market for StudentsKnow, StudentsKnow content, or its User Submissions.
Prohibited commercial uses do not include:
1. uploading an original video to StudentsKnow, to promote your business or artistic enterprise;
2. using the Embeddable Player to show StudentsKnow videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to compete with StudentsKnow;
3. any use that StudentsKnow expressly authorizes in writing.
If you use the StudentsKnow Embeddable Player on your website, you must include a prominent link back to the StudentsKnow website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
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 StudentsKnow 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, StudentsKnow 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. StudentsKnow 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 Submissions.
In your use of the website, you will otherwise comply with the terms and conditions of these Terms & Conditions, StudentsKnow Community Guidelines, and all applicable local, national, and international laws and regulations.
StudentsKnow reserves the right to discontinue any aspect of the StudentsKnow Website at any time.

USE – SITE CONTENT

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

The content on the StudentsKnow Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, podcasts, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to StudentsKnow, subject to copyright and other intellectual property rights under the law. Content on the Website 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. StudentsKnow reserves all rights not expressly granted in and to the Website and the Content.
You may access User Submissions solely:
1. for your information and personal use;
2. as intended through the normal functionality of the StudentsKnow Site; and
3. for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the StudentsKnow Site to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the StudentsKnow Site. User Comments are 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 StudentsKnow Site or otherwise as prohibited under this agreement.
You may access StudentsKnow Content, User Submissions and other content only as permitted under this agreement. StudentsKnow reserves all rights not expressly granted in and to the StudentsKnow Content and the StudentsKnow Site.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
You agree not to circumvent, disable or otherwise interfere with security-related features of the StudentsKnow Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the StudentsKnow Website or the Content therein.
You understand that when using the StudentsKnow Website, you will be exposed to User Submissions from a variety of sources, and that StudentsKnow is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 StudentsKnow with respect thereto, and agree to indemnify and hold StudentsKnow, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

USER SUBMISSION & CONDUCT
1. As a StudentsKnow account holder you may submit video & podcast files ("Content") and textual content ("Comments"). User Content and User Comments are collectively referred to as "User Submissions." you understand that whether or not such User Submissions are published, StudentsKnow does not guarantee any confidentiality with respect to any User Submissions.
2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize StudentsKnow to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms & Conditions.
3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to StudentsKnow, you hereby grant StudentsKnow a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the StudentsKnow Website and StudentsKnow's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the StudentsKnow Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the StudentsKnow Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms & Conditions. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the StudentsKnow Site. You understand and agree, however, that StudentsKnow may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
4. In connection with User Submissions, 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 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 StudentsKnow all of the license rights granted herein.
5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the StudentsKnow Community Guidelines, found at http://www.StudentsKnow.com/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
6. StudentsKnow does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and StudentsKnow expressly disclaims any and all liability in connection with User Submissions. StudentsKnow does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and StudentsKnow will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. StudentsKnow reserves the right to remove Content and User Submissions without prior notice.

ACCOUNT TERMINATION
1. StudentsKnow will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
2. StudentsKnow reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms & Conditions for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. StudentsKnow may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms & Conditions at any time, without prior notice and at its sole discretion.
Click Fraud
1. You will not, and will not authorize any party to, directly or indirectly, generate automated, fraudulent or otherwise invalid Advertising Actions. If, in StudentsKnow’s reasonable business judgment, Advertising Actions or activity related to Your Profile is suspected or determined to be so-called "click fraud" or "impression fraud", whether in any automated or human way, by the use of a person, an automated script or a computer program (for example, online robots or "bots") to click on an Ad, or any other fraudulent means, to increase impressions, skew results or imitate a legitimate user of a web browser, for example, by clicking on an Ad for the purpose of generating an improper click value and generating revenue (collectively, "Action Fraud"), StudentsKnow reserves the right to suspend or cancel at any time and without notice Your Profile, or deduct or withhold payments related to any Video/Podcast Content, that StudentsKnow, in its sole discretion, determines to be in violation of this Section. StudentsKnow may suspend or otherwise disable Your Profile until such time as the matter is resolved to StudentsKnow's satisfaction.
Adult Content
1. You will not use the StudentsKnow Site for any purpose or in any manner to display, post or make available any sexual, pornographic or erotic material nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the StudentsKnow Site any Video or Podcast Content, Ads or Member Comments, that is of, or is suggestive of, a sexual, pornographic or erotic nature ("Adult Content"). Examples of content that StudentsKnow, in its sole discretion, considers to be Adult Content include, but are not limited to material that is pornographic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts. If StudentsKnow finds Video or Podcast Content that it determines, in its sole discretion, contains Adult Content, StudentsKnow may, without notice, remove or block access to such Video or Podcast Content. StudentsKnow reserves the right to suspend or cancel at any time and without notice Your Profile, or deduct or withhold payments related to any Video or Podcast Content or Ads, which StudentsKnow, in its sole discretion, determines to be in violation of this Section. StudentsKnow will take all appropriate steps with Video Content that StudentsKnow believes violates applicable laws, including cooperation with any law enforcement investigation. If you see content that you believe is Adult Content or is in violation of law or this Section, you should contact dirtyknows@StudentsKnow.com immediately.
Copyright Infringement
1. You will not use the StudentsKnow Site for any purpose or in any manner that infringes the copyrights of any third party, nor will You upload, email, post, publish, distribute, transmit, submit or otherwise make available through the StudentsKnow Site any content, that infringes the copyrighted works or violates the intellectual property rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (the text of which may be found on the U.S. Copyright Office website at "http://lcweb.loc.gov/copyright/"), it is StudentsKnow’s policy to respond to notices of any actual or alleged infringement that are reported to StudentsKnow’s "Designated Copyright Agent" and that comply with the DMCA. It is StudentsKnow’s policy to terminate the Profiles of users of repeat infringers or of users repeatedly charged with infringement, in appropriate circumstances. If you believe that a work has been copied in a way that constitutes copyright infringement, you should send a notice of infringement to StudentsKnow’s Designated Copyright Agent in accordance with StudentsKnow’s Copyright Policy, incorporated herein, to dirtyknows@StudentsKnow.com.
DIGITAL MILLENNIUM COPYRIGHT ACT
1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our StudentsKnow with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    1. 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;
    2. 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;
    3. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
    4. 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
    5. 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.
2. Counter-Notice. If you believe that your User Submission 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 in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent (dirtyknows@StudentsKnow.com):
  1. Your physical or electronic signature;
  2. 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;
  3. 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
  4. Your name, address, telephone number, and electronic mail address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, 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, StudentsKnow may 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 be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at StudentsKnow's sole discretion.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE STUDENTSKNOW WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDENTSKNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. STUDENTSKNOW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 STUDENTSKNOW WEBSITE. STUDENTSKNOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE STUDENTSKNOW WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND STUDENTSKNOW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL STUDENTSKNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STUDENTSKNOW WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT STUDENTSKNOW SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

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

INDEMNITY

You agree to defend, indemnify and hold harmless StudentsKnow, its parent corporation, officers, directors, employees and agents, 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 and access to the StudentsKnow Website; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the StudentsKnow Website.

ABILITY TO ACCEPT T&C

You affirm that you are either more than 18 years of age, 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 & Conditions, and to abide by and comply with these Terms & Conditions. In any case, you affirm that you are over the age of 13, as the StudentsKnow Website is not intended for children under 13. If you are under 13 years of age, then please do not use the StudentsKnow Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

ASSIGNMENT

These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by StudentsKnow without restriction.

GENERAL

You agree that: (i) the StudentsKnow Website shall be deemed solely based in Texas; and (ii) the StudentsKnow Website shall be deemed a passive website that does not give rise to personal jurisdiction over StudentsKnow, either specific or general, in jurisdictions other than Texas. These Terms & Conditions shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and StudentsKnow that arises in whole or in part from the StudentsKnow Website shall be decided exclusively by a court of competent jurisdiction located in Travis County, Texas. These Terms & Conditions, together with the Privacy Policy at http://www.StudentsKnow.com/privacy and any other legal notices published by StudentsKnow on the Website, shall constitute the entire agreement between you and StudentsKnow concerning the StudentsKnow Website. If any provision of these Terms & Conditions 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 & Conditions, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and StudentsKnow's failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. StudentsKnow reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the StudentsKnow Website following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. YOU AND STUDENTSKNOW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STUDENTSKNOW WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.