BUSYGRAD TERMS OF USE

 

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (Statement) governs our relationship with users and others who interact with Busygrad. By using or accessing Busygrad, you agree to this Statement.

1.    Acceptance of Terms of Use Agreement.

1.    Electronic Agreement. This Statement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in its service. This Statement may be modified by Busygrad from time to time, such modifications to be effective upon posting by Busygrad on the website. By accessing the website or becoming a Member, you accept this Statement and agree to all of the terms, conditions and notices contained or referenced herein.

2.    Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Busygrad to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

3.    Sharing Your Content and Information

You own all of the content and information you post on Busygrad, and you can control how it is shared through your privacy settings. In addition:

1.    For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Busygrad (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

2.    When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3.    We always appreciate your feedback or other suggestions about Busygrad, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

 

4.    Safety

We do our best to keep Busygrad safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

1.    You will not send or otherwise post unauthorized commercial communications (such as spam) on Busygrad.

2.    You will not collect users' content or information, or otherwise access Busygrad, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

3.    You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Busygrad.

4.    You will not upload viruses or other malicious code.

5.    You will not solicit login information or access an account belonging to someone else.

6.    You will not bully, intimidate, or harass any user.

7.    You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

8.    You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.

9.    You will not use Busygrad to do anything unlawful, misleading, malicious, or discriminatory.

10. You will not do anything that could disable, overburden, or impair the proper working of Busygrad, such as a denial of service attack.

11. You will not facilitate or encourage any violations of this Statement.

 

5.    Registration and Account Security

Busygrad users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1.    You will not provide any false personal information on Busygrad, or create an account for anyone other than yourself without permission.

2.    You will not create more than one personal profile.

3.    If we disable your account, you will not create another one without our permission.

4.    You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

5.    You will not use Busygrad if you are not a faculty member, graduate student or have obtained a graduate degree.

6.    You will not use Busygrad if you are a convicted sex offender.

7.    You will keep your contact information accurate and up-to-date.

8.    You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

9.    You will not transfer your account (including any page you administer) to anyone without first getting our written permission.

10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

7.   Your Interactions with Other Members.

 

a.    You are solely responsible for your interactions with other members. You understand that Busygrad currently does not conduct criminal background checks on its members. Busygrad also does not inquire into the backgrounds of all of its members or attempt to verify the statements of its members. Busygrad makes no representation or warranties as to the conduct of members or their compatibility with any current or future members. Busygrad reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.

b.    In no event shall Busygrad and affiliated universities using it platform be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of our services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of our services or persons you meet through this service. You agree to take reasonable precautions in all interactions with other members of Busygrad, particularly if you decide to meet offline or in person. You understand that Busygrad makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Busygrad. You should not provide your financial information (for example, your credit card or bank account information) to other members.

c.    You are solely responsible for your interactions with other Busygrad members. Busygrad reserves the right, but has no obligation to monitor disputes between you and other members.

 

8.   Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

a.    You will not post content or take any action on Busygrad that infringes or violates someone else's rights or otherwise violates the law.

b.    We can remove any content or information you post on Busygrad if we believe that it violates this Statement.

c.    If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

d.    If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

e.    You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.

f.     If you collect information from users, you will: obtain their consent, make it clear you (and not Busygrad) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

g.    You will not post anyone's identification documents or sensitive financial information on Busygrad.

h.    You will not tag users or send email invitations to non-users without their consent.

 

9.   Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:

a.    We give you permission to use Busygrad's Share Link button so that users can post links or content from your website on Busygrad.

b.    You give us permission to use and allow others to use such links and content on Busygrad.

c.    You will not place a Share Link button on any page containing content that would violate this Statement if posted on Busygrad.

 

 

10.        Amendments

a.    We can change this Statement if we provide you notice (by posting the change on the Busygrad Site Governance Page) and an opportunity to comment.

b.    For changes to section 8 (section relating to advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on the Busygrad Site Governance Page.

c.    If more than 2,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.

d.    We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

 

11.        Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Busygrad to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate.

12.        Disputes

a.    You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Busygrad exclusively in a state or federal court located in Baltimore County. The laws of the State of Maryland will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Baltimore County, Maryland for the purpose of litigating all such claims.

b.    If anyone brings a claim against us related to your actions, content or information on Busygrad, 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.

c.    WE TRY TO KEEP BUSYGRAD UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING BUSYGRAD AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT BUSYGRAD WILL BE SAFE OR SECURE. BUSYGRAD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR BUSYGRAD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR BUSYGRAD WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BUSYGRAD'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

13.        Definitions

a.    By Busygrad we mean the features and services we make available, including through (a) our website at www.Busygrad.com and any other Busygrad branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.

b.    By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Busygrad or provide data to us.

c.    By information we mean facts and other information about you, including actions you take.

d.    By content we mean anything you post on Busygrad that would not be included in the definition of information.

e.    By data we mean content and information that third parties can retrieve from Busygrad or provide to Busygrad through Platform.

f.     By post we mean post on Busygrad or otherwise make available to us.

g.    By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

h.    By active registered user we mean a user who has logged into Busygrad at least once in the previous 30 days.

 

14.        Other

a.    If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Busygrad, LLC.

b.    This Statement makes up the entire agreement between the parties regarding Busygrad, and supersedes any prior agreements.

c.    If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

d.    If we fail to enforce any of this Statement, it will not be considered a waiver.

e.    Any amendment to or waiver of this Statement must be made in writing and signed by us.

f.     You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

g.    All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

h.    Nothing in this Statement shall prevent us from complying with the law.

i.     This Statement does not confer any third party beneficiary rights.

j.     You will comply with all applicable laws when using or accessing Busygrad.