DesignContest Scholar Terms of Service

Last updated: 01 February 2018

DesignContest Scholar is an interactive application (hereinafter, referred to as “Scholar”) that enables students and their education institution / teachers to run interactive design classes and school design contests for free using the DesignContest.com (hereinafter, referred to as ‘Website’) platform and its unique features, which is owned and operated by DesignContest LLC., (hereinafter, referred to as ‘Company’ or ‘We’ or ‘Our’ or ‘Us’).

The users of Scholar (“you” or “your”) shall be subject to the following Terms of Service (“Agreement”) while using the features and functionalities of Scholar on or through the Website. This Agreement applies to Scholar and any updates, upgrades, supplement, new features, and support services applicable to Scholar, unless other terms accompany those features etc., and if so, those terms apply.

By using Scholar, you accept these terms. If you do not accept any of the provisions contained in this Agreement, you are requested not to use Scholar on or through the Website.

The DesignContest Scholar Privacy Policy shall be a part of this Agreement by this reference.

Non-Commercial Use Only

You may use Scholar exclusively for educational and non-commercial use.
Scholar is exclusively designed to cater to the educational institutions and their target students.
Students and projects’ participants shall not be paid for their designs submitted as entries to Scholar contests, since the objective of Scholar is purely educational and non-profit.
All project participants must be invited or accepted by the teacher or teacher’s assistant (moderator) to the Scholar projec
Scholar program is completely isolated from Website designers.
If the Website designer is invited to the Scholar project, he or she must be part of the educational institution the project was started from.

To start the paid project and attract Website’s 200,000+ designers please go to www.designcontest.com

User Account

In order to use any feature of Scholar, you are required to register on the Website by submitting the Registration Form.

You shall be solely responsible and liable for:

furnishing true and accurate information for registration purposes;
keeping your account information updated at all times;
maintaining the confidentiality and safety of your password;
all uses of your account, whether authorized or unauthorized; and
notifying us immediately, if you suspect any unauthorized use of your account or access to your password.

User Content

We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that are posted by the users of Scholar.

By posting any Content on Scholar, you hereby grant us a limited non-exclusive, fully-paid, royalty-free, sub-licensable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website.

By posting any Content on Scholar, you represent and warrant that:

you own such Content or otherwise have the right to grant the license set forth hereinabove;
your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
you shall be liable to pay all royalties, fees, and any other amount owing to any person by reason of any such Content.

We disclaim any liability under the law for such Content and nothing in this agreement is intended to waive, remove, or usurp such immunity.

Acceptable Use Policy (AUP)

The following type of User Content is prohibited from being posted on Scholar:

unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
containing or promoting nudity (e.g., providing a link to adult websites) and/or sexual connotations, and exploits people in a sexual or violent manner;
contains violence or offensive subject matter;
harms or involves minors (those under the age of 18 years) in any way;
tries to impersonate any person or entity;
infringes any patent, trademark, trade secret, copyright or other proprietary rights (Intellectual Property Rights) of any party, such as pirated music and/or links to pirated music and/or movies and/or software;
involves the transmission of spam or junk mail;
transmits or otherwise makes available any material that contains software viruses or any other harmful computer code, files or programs;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
provides instructional information about illegal activities, such as making or buying illegal weapons;
otherwise violates someone’s privacy;
intentionally or unintentionally violates any applicable local, state, national or international law and any regulations having the force of law.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates AUP, including without limitation, closing the contest, and/or removing the offending Content from the Website and/or terminating the membership of such violators.

Copyright Policy

We respect the Intellectual Property Rights of the Rights holders and we encourage the members and the users of Scholar to give due respect to the Rights of the Rights holders.

If you believe that your Rights are being infringed on the Website in a way that constitutes copyright infringement; please feel free to use a Report function available on every entry at Scholar.

For more serious matters we will require following information to redress the complaint effectively and timely:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description where the material that you claim is infringing is located on the Website;
your address, telephone number, and email address;
a written statement to the effect that you are acting on good faith belief that the disputed use of the work is not authorized by the copyright owner, its agent, or the law;
a statement to the effect 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 behalf of the copyright owner.

Our Copyright Agent for notice of claims of copyright infringement can be reached at:

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content you submit, post, transmit or make available on the Website through Scholar, your use of Scholar, your connection to Scholar, your violation of the Agreement, your violation of any rights of another, or any other loss suffered by us on account of your direct or indirect conduct through the use of Scholar.

Limitation of Liability

Except in jurisdictions where such provisions are restricted, in no event shall we be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of Scholar, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the term of your membership.

Disclaimers

We disclaim any liability for any incorrect or inaccurate Content posted on Scholar, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in the Website.
The profiles created and posted by Scholar users on the Website may contain links to other websites. We shall not be responsible for the content, accuracy or opinions expressed on such linked websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us.
We shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof.
We shall not be responsible for the conduct, whether online or offline, of any Scholar user.
Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of Scholar, attendance at any of our sponsored event, from any Content posted on or through the Website, or from the conduct of any Scholar users, whether online or offline
Scholar is provided on an “as is and as available” basis and we disclaim any warranty of fitness for a particular purpose or non-infringement.
We do not guarantee any specific results from use of Scholar or any of its features and functionality.
No advice or information, whether oral or written, obtained by you from us or through or from Scholar shall create any warranty not expressly stated in this Agreement.

Modifications and Updates to the Agreement

We reserve the right to modify and update this Agreement or any part thereof at any time in our sole discretion. All such modifications shall be effective upon their posting on this web page. You shall not be notified individually about any such updates and modifications. Therefore, you are requested and expected to visit this page often and remain updated on the latest modifications.

Your continued use of the Scholar or any features thereof shall imply your consent and acceptance of all the modifications and updates to this Agreement.

Discontinuation and/or Modifications in Services

We reserve the right to modify or discontinue, temporarily or permanently, Scholar or the Website or any part of Scholar or Website, with or without notice, at any time and from time to time, in our sole discretion. We shall not be liable and/or responsible to you or to any third party for any loss (monetary or otherwise) suffered by you due to such modification, suspension or discontinuance of the Website.

Severability

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is declared unlawful, void or unenforceable by a competent court of law, such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions.

Jurisdiction

All the disputes arising out of or related to this Agreement and/or your relationship with the Website and/or your use of this Website shall be subject to the laws of Nevada without regard to conflict of law provisions.