Last Updated on May 24th, 2011
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We", "us", and "our" refer to Abroad101.
"Content" means text, images, photos, audio, video, location data, usernames, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, and information that you display on the Site or in your account profile. "User Content" means Content that other users (other than yourself) submit or transmit to, through, or in connection with the Site. "Abroad101 Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Abroad101 or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Abroad101 Content.
3. Using the Site
Permission to Use the Site
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
There are three types of accounts:
- "University Account" is an account to be used solely for the purpose of representing your university or other institution of higher education in connection with the Site. In creating or updating a University Account, you must be an authorized representative of the university in question, and you must provide complete and accurate information about yourself and the university you represent. You may not provide an email address that you are not authorized by your University to provide.
- "Organizational Account" is an account to be used solely for the purpose of representing your organization in connection with the Site. In creating or updating a Organizational Account, you must be an authorized representative of the organization in question, and you must provide complete and accurate information about yourself and the organization you represent. You may not provide an email address that you are not authorized by your Organization to provide.
Communications from Abroad101 and Others
By creating an account, you agree to receive certain communications in connection with the Site. For example, with a University or Organizational Account, you may receive communications from us concerning study abroad news, new Site features, and other products or services that might interest you, and communications from students concerning study abroad programs that may interest them; while with a Personal Account, you may receive communications from us concerning study abroad news, new Site features, and other products or services that might interest you, communications from Universities concerning requests for evaluation of your study abroad experiences, and communications from Organizations concerning study abroad programs that you have indicated an interest in learning more about. Users of the Site will also have the opportunity to message one another through the Site. In certain cases, you will have the option to “opt out” of receiving certain communications, whether from us, other users, or third parties.
Responsibility for Your Content
You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Abroad101.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Our Rights to Use Your Content
We also gather and compile information and data about our users and their usage of the Site on a collective basis, in a manner which does not disclose or reveal any personally identifiable information about individual users. You understand, acknowledge and agree that we are the sole owners of all such aggregated, anonymous data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we see fit, throughout the world, in any form or media.
As between you and Abroad101, you own Your Content. We own the Abroad101 Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. You understand and agree that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Content that is not Your Content (including, without limitation, the Abroad101 Content, other User Content, or Third Party Content), in whole or in part, except as expressly authorized by the owner of the Content. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights in or to the Site or the Abroad101 Content, and all rights in and to the Site and the Abroad101 Content are retained by us.
We also own the copyrights, trademarks, patents, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Abroad101 Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. Except as expressly and unambiguously provided herein, we do not grant you any right or license in or to any of our IP Rights, and all such rights are reserved by us.
Abroad101 and its partners may publicly display advertisements and other information adjacent to or included with Your Content. Unless otherwise expressly set forth in another agreement with us, you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Removing Content; Reporting Violations
We reserve the right to remove, screen, edit, or reinstate Your Content from time to time at our sole discretion and without notice to you. While we are under no obligation to review Your Content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, and we may cooperate with such authorities as they may request, all without liability to us.
You agree not to, and will not assist or enable others to use the Site to:
Post Content that is obscene, defamatory, or otherwise objectionable or injurious to third parties; Post Content that is knowingly false or misleading; Write fake or defamatory reviews, trade reviews with others, or write a review that you were paid for either directly or indirectly; Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; Threaten, stalk, harm, or harass others, or promote bigotry or discrimination; Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a University or Organizational Account and as expressly permitted by Abroad101; Forge any TCP/IP packet header or any part of the header information in any email or posting; Engage in spamming of any kind, or attempt to manipulate the Site’s search results; Solicit personal information from minors, or submit or transmit pornography; or Violate any applicable law.
You also agree not to, and will not assist or enable others to:
The restrictions above apply only to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us at the address provided below, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
Copyright And Trademark Disputes
If you believe any content or materials on the Site infringes your copyright, you agree to abide by the notice and take down procedures set forth in the Digital Millennium Copyright Act by contacting our copyright agent and providing the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and email address; 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; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.The contact information of our agent for copyright issues is as follows:
Study Abroad 101, LLC
228 Park Ave S #32004
New York, NY 10003
Use of Your Name
If you have a University Account or Organizational Account with us, you acknowledge and agree that Abroad101 may use your name and other identifying trademarks or logos, both on the Site and in its marketing materials, for the limited purpose of identifying you as a user of the Site.
7. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we own all right, title and interest in and to such Feedback, even if you have designated it as confidential, (v) we are entitled to use the Feedback for any purpose, without restriction, (vi) you hereby irrevocably assign all right, title and interest in and to the Feedback to us, and agree to provide us with such assistance as we may require to document, perfect, and maintain our rights in and to the Feedback.
8. Third Party Sites
The Site may include links to other websites or applications (each, a "Third Party Site"). We provide these links to you as a convenience, and we do not control or endorse any Third Party Site. You agree that we are not responsible for the availability, functionality, or contents of such Third Party Sites, and that your use of any Third Party Site is at your own risk.
10. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY, SINCE IT LIMITS THE LIABILITY OF ABROAD101. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. YOU AGREE THAT THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, AND THAT YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. ABROAD101 EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ANY CONTENT OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE ON THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE.
B. ABROAD101 MAKES NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, ABROAD101 IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THE ACTIONS OF THIRD PARTIES, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE UNIVERSITIES OR ORGANIZATIONS LISTED ON THE SITE.
C. ABROAD101 MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE LISTINGS, RATINGS, AND REVIEWS, OR THE SAFETY OR SECURITY OF THE SITE. ACCORDINGLY, ABROAD101 IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE LISTINGS, RATINGS, OR REVIEWS, OR THE SAFETY OR SECURITY OF THE SITE.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, THE CONTENT, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
F. ABROAD101 DISCLAIMS ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION TO YOU OR ANY THIRD PARTY, INABILITY TO USE THE SITE, COSTS OF PROCURING SUBSTITUTE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, OR LOSS OF INFORMATION OR DATA) IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, EVEN IF ABROAD101 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Choice of Law and Venue
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
13. General Terms
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
We may provide you with notices by email, regular mail or communications through the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (to the email address you provide in your account profile) satisfy any legal requirement that such communications be in writing.
14. Address for Communications
228 Park Ave S #32004
New York, NY 10003