Prollster's Terms of Service

Last Updated: April 7, 2016 (renamed Commons to Community)

 

Welcome to Prollster. These Terms of Service (“Terms”) govern your access to and use of the services, websites, and applications offered by Prollster (collectively, the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.

 

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

 

These Terms apply to all who access the Service (“Users”).

 

Use of Our Service

You may use the Service only if you can form a binding contract with Prollster, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide accurate information, including your first name, last name and email address, when you create your account on Prollster.

While Prollster strives to create the most user-friendly and collaborative experience possible, all aspects of the Service are subject to change or elimination at Prollster’s sole discretion.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. Prollster will not be liable for any loss or damage arising from your failure to comply with this instruction. You must notify Prollster immediately of any breach of security or unauthorized use of your account.

You represent that you are over the age of thirteen (13) years old. If you are over thirteen, but under the legal age of majority, your parent or legal guardian must consent to these Terms and Privacy Policy, and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for your use of the Service.

 

Your License to Prollster

Areas of the Service allow you to submit, post and display information, text, graphics or other materials (“User Content”). You retain ownership of all User Content you submit, post, display or otherwise make available on the Service.

By submitting, posting or displaying User Content on or through the Service, you grant Prollster a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content. This license is limited to providing the Service. Your User Content will not be used for publicity, advertising or any public statements without your prior consent.

You agree that this license includes the right for other users with permitted access to your User Content to use your User Content in conjunction with participation in the Service and as permitted through the functionality of the Service.

You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

You warrant, represent and agree that you will not post User Content that:

  1. infringes, violates or otherwise interferes with any copyright or trademark of another party
  2. reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it
  3. infringes any intellectual property right of another or the privacy or publicity rights of another
  4. is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, humiliating to other people (publicly or otherwise) or otherwise violates any law or right of any third party
  5. creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity
  6. contains other people’s private or personally identifiable information without their express authorization and permission
  7. violates any school or other applicable policy, including those related to cheating or ethics
  8. and/or contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

 

Prollster reserves the right in its discretion to remove any User Content from the Service, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates these provisions.

 

Prollster’s License to You

Subject to these Terms, Prollster grants you a worldwide, non-exclusive, non-assignable, revocable, license to use the Service as it is provided to you by Prollster for your personal, noncommercial use only.

Your User Content will be viewable by other users of the Service. You should only provide User Content that you are comfortable sharing with others under these Terms. Prollster takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. You understand that if you do not have the right to submit User Content, your publication and re-publication of that User Content may subject you to liability.

Prollster reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Prollster, its users and the public.

 

Additional Rules

You must not do any of the following while accessing or using the Service:

  1. use the Service for any unlawful purposes or for promotion of illegal activities;
  2. access or search or attempt to access or search the Service by any means (automated or non-automated) other than through the currently available, published interfaces that are provided by Prollster (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate Terms with Prollster (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior written consent of Prollster except as permitted by these Terms is expressly prohibited)
  3. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to create altered, deceptive or false source-identifying information or interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending invalid data, virus, worms, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service
  4. use the Service to spam anyone
  5. access or interfere with non-public areas of the Service, Prollster’s computer systems or the servers running the Service
  6. collecting or harvesting any personally identifiable information, including account names, from the Service
  7. using the Service for any commercial solicitation purposes without Prollster’s written permission
  8. impersonating another person or otherwise misrepresenting your affiliation with a person or entity
  9. probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Service or use of the Service or the content therein.
  10. bully, shame, degrade or otherwise harass anyone within the Service or from the Service
  11. repeatedly target other people with unwanted requests or messages

The Service is not a part of or endorsed by the School. If you create a Group or a Community, you represent and warrant that the School associated with or created for such Group or Community is valid and that you are validly affiliated with the School. If you are an instructor, you acknowledge that any information you post may be made public, including homework, lecture notes, syllabi, and any additional information you provide or send over the Service.

 

Proprietary Rights

All right, title and interest in and to the Service (excluding your User Content), are and will remain the exclusive property of Prollster and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Prollster and its licensors (including other Users who post User Content to the Service). The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Except as explicitly provided herein, nothing in these Terms gives you a right to use the Prollster name or any of the Prollster trademarks, logos, domain names and other distinctive brand features.

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you.

The Service may include advertisements, which may be targeted to the User Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for Prollster granting you access to and use of the Service, you agree that Prollster and its third party providers and partners may place such advertising on the Service. You may have the opportunity to opt-out of advertising. We do not give your User Content or information to advertisers without your consent. Prollster Careers is a program where users can learn about and connect with companies to explore job opportunities. Participation in Prollster Careers is wholly optional and you may opt-out of the program at any time.

 

Copyright

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us by email at help@prollster.com. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
    Identification of the copyrighted work that you claim has been infringed.
    Identification of the material that is claimed to be infringing and where it is located on the Service.
    Information reasonably sufficient to permit Prollster to contact you, such as your address, telephone number, and, email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

Please note that this procedure is exclusively for notifying Prollster and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Prollster’s rights and obligations under the Canadian Copyright Act, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

 

Third-Party Links

The Service may contain links to third-party websites, and other resources that are not owned or controlled by Prollster. These links do not imply any endorsement by Prollster. Prollster does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website or resource from the Service, you do so at your own risk, and you understand that these Terms and Prollster’s Privacy Policy do not apply to your use of such links. You expressly relieve Prollster from any and all liability arising from your use of any third-party website, service, or content. You acknowledge and agree that Prollster is not responsible or liable for:

  1. the availability or accuracy of such websites or resources
  2. or the content, products, or services on or available from such websites or resources.

 

Disclaimers and Indemnity

Your access to and use of the Service or any User Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, Prollster AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Prollster will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any User Content. You also agree that Prollster has no responsibility or liability for the moderation or deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Prollster or through the Service, will create any warranty not expressly made herein.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Prollster AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES
  3. ANY CONTENT OBTAINED FROM THE SERVICE
  4. AND UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PROLLSTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If anyone brings a claim against us related to your actions or User Content on the Service, or actions or User Content by or from someone using your account, 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.

The Service is controlled and operated from its facilities in Canada. Prollster makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Canada.

 

General

You agree that:

  1. the Service shall be deemed solely based in the province of British Columbia
  2. and the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Prollster, either specific or general, in jurisdictions other than British Columbia.

These Terms shall be governed by the internal substantive laws of the State of British Columbia, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Unless submitted to arbitration as set forth in the following paragraph, any claim or dispute arising in connection with the Service shall be decided exclusively by a court of competent jurisdiction located in Vancouver, British Columbia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

For any claim (excluding claims for injunctive or other equitable relief) under these Terms where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

These Terms, together with any amendments and additional agreements you may enter into with Prollster in connection with the Service, shall constitute the entire agreement between you and Prollster concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms supersede and replace any prior agreements between Prollster and you regarding the Service.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Prollster’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Prollster without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Please contact us at founders@prollster.com with any questions regarding these Terms.