School-Directory.net Terms of Service
Welcome to www.School-Directory.net (the "Website"). The Website is a property of QuinStreet, Inc. ("QuinStreet"). The following terms of service ("Terms of Service")
govern your use of the Website. It is vitally important that you read the Terms
of Service carefully as your use of the Website and the services and goods
provided through our Website will constitute your agreement to be legally bound
by the terms and conditions set forth in these Terms of Service.
If for any
reason you do not agree to these Terms of Service in their entirety, you
may not use the Website or the services provided by the Website.
We may amend these Terms of Service from time to time. If you continue to
use the Website and/or the services provided by the Website after the amendments
become effective, you are deemed to have agreed to be bound by the Terms
of
Service as amended. If you do not agree to the amended Terms of Service,
then you agree not to use the Website and the services provided by the Website.
To use this Website and the services, you must be of legal age to enter
into a binding contract and not be prohibited from using the Website or the
services
by the laws of the jurisdiction from which you access the Website or
the services.
Our forums have additional terms of service that are not mentioned in
these Terms of Service. These terms are posted on the forums.
1. Our Service
The Website provides a variety of design-related content and services (the "Service").
QuinStreet owns and retains all intellectual property rights in the Service,
including the content. While QuinStreet is not required to screen content accessible
through links on the Service, QuinStreet reserves the right to do so and to
remove any such links at any time. We can not guarantee the accuracy of any
of the information contained on our Website. The views and opinions expressed
on the Website do not reflect the views and opinions of QuinStreet.
2. Use of the Services.
The information contained within this Website is intended for consumer and informational
use only. You agree that you will not reproduce, duplicate, copy, sell, trade
or otherwise exploit the Services for any commercial purpose. Content may be
reproduced for non-commercial purposes only as long as QuinStreet is notified
of such usage.
Your use of the Service is subject to all applicable laws and
regulations. You acknowledge and agree to all of the-then current terms of
our privacy policy as set forth on the Website and as updated from time to
time by
QuinStreet in its sole discretion.
You are solely responsible for the products or services you buy through the
Service. By providing links to other sites, QuinStreet does not guarantee,
approve or
endorse the information or products available at these sites, nor does
a link indicate any association with or endorsement by the linked site to the
Website.
You must not: (a) directly or indirectly, interfere or attempt to interfere
with the proper working of the Website, any account, or any communication
or
transaction
being conducted on our Website; (b) use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the content
on the Website
without our prior expressed written permission; (c) take any action which
imposes an unreasonable or disproportionately large load on our infrastructure,
(d) use
or disclose (to anyone except QuinStreet) any confidential information
you obtain from QuinStreet, (e) conduct fraud, hide or attempt to hide your
identity,
represent
yourself as someone else, use a false email address, compromise or attempt
to compromise the security of any account, interfere or attempt to interfere
with
the proper working of the Service, or (f) send any unsolicited e-mail
or advertising to any known user.
3. Content You Submit.
By submitting, posting or displaying any content on or to the Service, including,
without limitation, design classes, articles, reviews, feedback, job postings,
and messages on our public forum and blogs (regardless of the form or medium
with respect to such content, whether text, videos, photographs, audio or otherwise),
you grant QuinStreet and its affiliates, agents and third party contractors
a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license
to reproduce, adapt, modify, translate, display, publish, publicly perform,
publicly display and distribute any content you submit, post or display through
the Services. You agree that any content you submit may be republished anywhere
on our Website without your prior consent. Your content may also be referenced
in other publications and marketing materials not affiliated with QuinStreet.
You shall be solely responsible for your own submissions and the consequences
of posting or publishing them. In connection with each of your submissions,
you affirm, represent, and/or warrant that you own or have the necessary licenses,
rights, consents, and permissions to grant the above license to QuinStreet.
You agree that you will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to or infringes or misappropriates 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 QuinStreet all of the rights granted herein;
(ii) publish falsehoods or misrepresentations; (iii) use the Service for any
illegal purpose or submit material that is unlawful, obscene, harmful, tortious,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially
or ethnically offensive, or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post personal identity information such as credit card numbers, or (v)
post advertisements or solicitations (except job postings on our career board),
unless you have received our prior express written consent. QuinStreet reserves
the right to remove or not publish submissions without prior notice.
The foregoing
content license shall not apply to the extent you have submitted content to
the Websites pursuant to a written agreement executed by you and QuinStreet,
Inc.
If you are a copyright owner or agent thereof and believe that user content
infringes upon your copyright, please submit notice, pursuant to the Digital
Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the
following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright; (ii) a description
of the copyrighted work that you claim has been infringed; (iii) the URL of
the location containing the material that you claim is infringing; (iv) your
address, telephone number, and email address; (v) a statement by you that you
have a good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and (vi) a statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf.
Our Copyright Agent can be reached at:
By mail:
School-Directory.net, c/o QuinStreet, Inc.
Attn: Copyright Agent
1051 E. Hillsdale Blvd.
Foster City, CA 94404
By fax: 650-350-1423
By email: copyrightagent@quinstreet.com
4. Your Requests for Information.
We may reject any request for information for any reason or no reason, including, without limitation, if a request (i) does not appear legitimate, (ii) is not filled out in its entirety, or (iii) is determined by QuinStreet to violate any of these Terms of Service.
Your contact information will be retained by QuinStreet. Except as set forth
herein and in our privacy policy, we will not sell your information to any
third parties. You will receive communications by email to confirm your request
and to later provide us with feedback. You may also receive newsletters and
special promotions from QuinStreet, but you may opt to be removed from these
distributions at anytime as set forth in our privacy policy.
5. Links.
QuinStreet and its affiliates provide links to external websites or resources to sign up for products and services provided by third parties, or for your convenience and reference. QuinStreet and its affiliates do not endorse and are not responsible for the availability of these external websites or resources or for any content, advertising, products, or other materials on or available from such external websites or resources. Your use of and dealings with the owners or operators of these external websites or resources are at your own risk. You cannot make any claim against QuinStreet or its affiliates arising out of your use of external websites or resources.
6. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT ALL SERVICES (INCLUDING THE CONTENT) PROVIDED ON
OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. QUINSTREET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NEITHER QUINSTREET, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT
THAT THE SERVICE (INCLUDING THE CONTENT) ARE ACCURATE, RELIABLE OR CORRECT;
THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT OR SERVICE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOUR INFORMATION WILL BE KEPT
PRIVATE AND CONFIDENTIAL (EXCEPT AS SET FORTH IN QUINSTREET'S
PRIVACY POLICY). YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
FOR THE
AVOIDANCE OF DOUBT, QUINSTREET WILL BEAR NO LIABILITY FOR ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED OR OBTAINED BY YOU IN
CONNECTION WITH THE SERVICE. FURTHERMORE, QUINSTREET DOES NOT ENDORSE, WARRANT
OR GUARANTEE
THE PRODUCTS OR SERVICES OF ANY OF ITS PARTNERS.
YOU AGREE TO USE OUR WEBSITE AND THE SERVICE AT YOUR OWN RISK.
7. Limitation of Liability.
QUINSTREET AND ITS DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, AFFILIATES, SUCCESSORS AND ASSIGNS (THE "QUINSTREET PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, IDENTITY THEFT, OR OTHER INTANGIBLE, EVEN IF THE QUINSTREET PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE QUINSTREET PARTIES' COLLECTIVE
MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THESE TERMS OF SERVICE SHALL IN
NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES, IF ANY. THE
LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE
OR OTHER TORT.
8. Indemnification
You agree to indemnify and hold each of QuinStreet, its affiliates, officers,
directors, employees, partners, representatives, contractors, successors and
assigns harmless from any claim or demand, including attorneys' fees, arising
out of your use of the Website or the Service or your violation of our Terms
of Service, or the infringement by you, or any other subscriber of your account,
of any intellectual property or other right of any person or entity.
9. Termination.
If you breach any provision of the Terms of Service, you may no longer use the Service. You may cease using the Services at any time.
QuinStreet may, in its sole discretion, change, suspend, or terminate, temporarily
or permanently, the Service or any part of it at any time, for any reason,
without notice to you and without liability to you or any other person.
If
QuinStreet terminates the Terms of Service for any reason, the Terms of Service
will continue to apply and bind you with respect to your prior use of the
Service. Upon termination, QuinStreet may remove from the Website and permanently
delete
and destroy any content that you or others may have posted or submitted without
any prior notice or liability to you or any other person.
10. Miscellaneous.
Nothing in these Terms of Service is intended to or will create any form of
partnership, joint venture, agency, or employment relationship between the
parties. You may not assign these Terms of Service, by operation of law or
otherwise, without the prior written consent of QuinStreet. These Terms of
Service shall inure to the benefit of and be binding upon you and QuinStreet
and your and our respective successors and permitted assigns. The failure of
either party to exercise or enforce any right or provision of the Terms of
Service shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by such party in writing. If a court of competent jurisdiction
declares any provision of these Terms of Service to be invalid or unenforceable,
the remainder of these Terms of Service will continue in full force and effect.
These Terms of Service shall be construed in accordance with the laws of the
State of California, without giving effect to its conflict of laws provisions.
You and QuinStreet agree to submit to the exclusive jurisdiction of the state
courts located in San Mateo County, California and the federal courts located
in the Northern District of California with respect to disputes hereunder.
The following sections shall survive termination of the Terms of Service: 3,
5, 6, 7, 8, the last paragraph of 9, and 10. These Terms of Service constitute
the entire agreement between you and QuinStreet relating to the subject matter
hereof and supersede all prior agreements relating to the subject matter hereof.
QuinStreet, Inc. © 2009
