Effective: December 22, 2011.
IMPORTANT! IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT WITH AND FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON’T HAVE PERMISSION TO USE THIS SITE. ALWAYS GET AN ADULT’S PERMISSION BEFORE GOING ONLINE.
2. Registration Data; Account Security
In consideration of your use of the Site or Facebook application, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update your Registration Data, and any other information you provide to the Company, in order to keep such information accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
3. Proprietary Rights in Site Content; Limited License
All content on the Site, or Facebook application, and available through the Service, including text, graphics, pictures, designs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), is the proprietary property of the Company, its users or its licensors with all rights reserved. You agree not to modify, adapt, edit, create derivative works from, copy, distribute, frame, reproduce, republish, download, display, publicly perform, post, transmit, license or sell any Site Content in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site, or through the Facebook application.
GROCKIT and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of others’ trademarks or domain names, in connection with any product or service in any manner, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
5. User Conduct
You understand that except for any advertising programs offered by us on the Site or through the Facebook application, the Site and the Service are available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the Site, the Facebook application, or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service, the Site or the Facebook application to:
- harvest or collect email addresses or other contact information of other users from the Service, the Site, or the Facebook application by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service, the Site, or the Facebook application in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service, the Site, or the Facebook application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
- remove or obscure any proprietary notices on the Service, the Site, or the Facebook application;
- use any automated script, device, program, or algorithm (including “deep-link,” “page-scrape,” “robot,” or “spider”) to collect information from or otherwise interact with the Service, the Site, or the Facebook application;
- upload, post, transmit, share, store or otherwise make available any content that we deem in our sole discretion to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site, or the Facebook application, any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, viruses, malware, bots, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another individual;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service, the Site, or the Facebook application; or
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or the Facebook application, or which may expose the Company or its users to any harm or liability of any type.
6. User Content Posted on the Site
By posting User Content to any part of the Site, or the Facebook application, you automatically grant to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. When you post User Content to the Site, or through the Facebook application, you also authorize and direct the Company to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content. You may remove your User Content from the Site, or the Facebook application at any time. If you choose to remove your User Content, the license granted above will automatically expire within a commercially reasonable time, however you acknowledge that the Company may retain archived copies of your User Content.
7. Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site, through the Facebook application or through the Service any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeated infringers as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any material on the Site, or the Facebook application, infringes upon any copyright which you own or control, you may send a written notification of such infringement to the Company’s designated DMCA agent.
The Company’s designated DMCA agent is David Marino (“Designated DMCA Agent”), and the Designated DMCA Agent’s contact information is as follows:
Attn: Designated DMCA Agent
500 Third Street, Suite 260, San Francisco, California 94107
A. Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the Site, through the Facebook application, or through the Service in violation of your copyright, you may provide our Designated DMCA Agent with a written communication as set forth in Section 512(c)(3) of the DMCA that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. If multiple copyrighted works at a single online site are covered by your notification, you may provide a representative list of such works at that site.
- Identify the URL or other specific location on the Grockit website or service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
- Include 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.
- Include a statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
- Include your name, mailing address, telephone number and email address.
You may submit any notification of alleged copyright infringement to our Designated Copyright Agent by fax, mail, or email at the contact information noted above. Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on the Site, the Facebook application, or Service is copyright infringing. Upon receiving a proper notification of alleged copyright infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
B. Counter Notification
If you believe your own copyrighted material has been removed from the Site, the Facebook application, or Service as a result of mistake or misidentification, you may submit a written counter-notification letter to our Designated Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your letter must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
You may submit your counter-notification to our Designated Copyright Agent by fax, mail, or email at the contact information noted above.
If you send us a valid, written counter-notification letter meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless our Designated Copyright Agent first receives notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
8. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, Grockit members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site, the Facebook application, and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. Third-Party Websites and Content
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site, or the Facebook application, or relating to any applications you use or install from the Site.
10. User Disputes
You are solely responsible for your interactions with other Grockit users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
The Company is not responsible or liable in any manner for any User Content or Third-Party Applications, Software or Content posted on the Site, the Facebook application, or in connection with the Service, whether posted or caused by users of the Site, the Facebook application, by Grockit, by third parties or by any of the equipment or programming associated with or utilized in the Site, the Facebook application, or the Service. Although we have established rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site, or the Facebook application, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site, the Facebook application, or in connection with any User Content or Third-Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site, the Facebook application, or Service.
The Site, the Facebook application, and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content or Third-Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE FACEBOOK APPLICATION, THE SERVICE, AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE, THE FACEBOOK APPLICATION, AND/OR THE SERVICE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, SITE CONTENT, OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR THE SERVICE, OR THEIR SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD EXERCISE CAUTION IN THE USE OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained on the Site, the Facebook application, or through the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
13. Limitation on Liability
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site, or the Facebook application, and/or prohibit you from using or accessing the Service, the Site, or the Facebook application, for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13.
15. Governing Law; Venue and Jurisdiction
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site, the Facebook application, or the Service (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. User hereby assigns and agrees to assign to Company exclusively and throughout the world all right, title and interest (including any and all patent rights, copyrights, trademark rights, trade secret rights, mask works rights, and any other intellectual or proprietary rights related thereto) in any and all Submissions.
19. Definitions and Constructions
20. Billing & Refund Policy
Grockit is an online test preparation service. By starting your Grockit membership, you are expressly agreeing that we are authorized to charge you a membership fee at the rate offered when you begin your membership, and any other charges you may incur in connection with your use of the Grockit service, to the payment method you provide to secure your membership (or to a different payment method if you change your account information). The membership fee will be billed at the beginning of the paid portion of your membership, and for subscriptions, periodically thereafter unless and until you cancel your membership. If you are eligible, and have signed up for a free trial that requires a payment method, your payment method may be authorized; however, no charges will be made against the payment method if you cancel prior to the end of your free trial. We reserve the right to change our membership prices and to institute new charges at any time.
All purchases and payments are final and nonrefundable, except where explicitly stated as part of an ongoing marketing promotion. No refunds or Credits will be provided for unused service.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
QUESTIONS REGARDING REFUND POLICY
Please contact us with any questions regarding the Grockit refund policy by e-mail at firstname.lastname@example.org