TERMS OF SERVICE
Real World ScholarsAGREEMENT TO BE BOUND BY CONTRACT TERMS
Please read these Terms of Service (“Terms” or “Agreement”) thoroughly. By accessing, creating, or using REAL WORLD SCHOLARS, INC. (C3678418) (“RWS”) website or a website provided by or through RWS and the platform entitled Real World Scholars (the “Site”) or other products or services thereof (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”) you agree to be bound by these Terms. The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to a Site. Your access to and use of the Services are conditioned on you accepting and complying with the Terms. If you do not agree to be bound by these Terms, then you may not use any Site or related products or Services.
CHANGES TO THESE TERMS
RWS (“We” or “Us”) may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. By continuing to use the Services you confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended or updated Terms, you must stop using the Services and delete your Site account.
You acknowledge and agree that (i) this Agreement is concluded between you and RWS only, and not any third party technology provider(s), and (ii) RWS, not any third party technology provider(s), is solely responsible for the Services, which is sourced through RWS. Your use of the Services must comply with these Terms of Service. You further agree that RWS, or other third party technology provider(s), have no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
RWS OFFERS A VENUE
RWS acts as a venue to allow users who comply with these Terms to offer, sell, and buy certain goods. RWS is not directly involved in the transaction between buyers and sellers. As a result, RWS has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. RWS does not pre-screen users (except for services that require an application) or the content or information provided by users. RWS cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, RWS does not transfer legal ownership of items from the seller to the buyer. RWS cannot guarantee the true identity, age, and nationality of a user. RWS encourages you to communicate directly with potential transaction partners through the tools available on the Site or through the Services.
You agree that RWS is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on RWS. You use the RWS service at your own risk.
AGE
By using the Services contemplated herein, you are voluntarily agreeing to be bound by RWS’s Terms of Service. If you do not understand any portion of the Terms, you should not use RWS’s Services. YOU FURTHER CONFIRM THAT YOU ARE OF THE AGE OF MAJORITY OR UNDER THE SUPERVISION OF A TEACHER OR GUARDIAN.
LISTING AND SELLING
All listings on RWS must be for sale, not for trade or giveaways. By listing an item on a Site you warrant that you and all aspects of the item comply with RWS’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale on your RWS Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
All Sites are urged to outline shopping policies for their RWS Site. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with these Terms. Sellers are responsible for enforcing their own reasonable policies. RWS reserves the right to request that a seller modify a shop policy.
Sellers are responsible for accurately listing their items, and Users are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a reasonably prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. You understand, however, that the Site and the transactions conducted thereon, are of an educational nature and there may be delays due to student academic deadlines. There will be no prejudice or liability for the Site, RWS, or anyone offering Services due to these types of academic delays.
The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding RWS transaction fees, if applicable, misrepresent the item's location, or use another user's account without permission.
PROCESSING AND DELIVERY
RWS facilitates websites for scholars, through which all orders are processed. At the time you agree to offer or purchase any goods from any of the Sites or Services (“Products”), you are agreeing to abide by these Terms.
Neither RWS, nor any officer, director, employee, shareholder or agent of RWS shall be liable to the User or any third-party for any claims relating to the purchase, delivery and/or usage of the Products or any consequences, which may result thereof.
BY OFFERING OR COMPLETING A PURCHASE THROUGH A WEBSITE, YOU AGREE THAT YOU ARE OF THE AGE OF MAJORITY OR UNDER THE SUPERVISION OF A TEACHER OR GUARDIAN.
THIRD-PARTY SERVICES
From time to time, you may be provided with links to third party websites or services that RWS does not own or control. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.
CREATING ACCOUNTS
When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service. Additionally, upon initial registration / account creation, RWS gathers your name and email address. Depending upon the account type that you opt for, you will be permitted to add an avatar image and your title.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
YOUR CONTENT & CONDUCT
Your use of a Site and the Services is subject to all applicable local, state and federal laws and regulations. You understand and acknowledge that a Site and the Services are an electronic platform for the purpose of offering and purchasing various Products. All offers and purchases of Products are transacted between you and host of a particular site. RWS does not provide or sell Products. No joint venture, partnership, employment, or agency relationship exists between RWS and any business or third party as a result of use of a Site or the Services.
Our Service allows you and other users to post, link and otherwise make available content as well as purchase Products. You are responsible for the content and Products that you make available to the Service, including its legality, reliability, and appropriateness. When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself. Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service.
You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs for a maximum of seven (7) years and then delete them.
You may not post, link and otherwise make available on or through the Service any of the following:
• Content that is libelous, defamatory, bigoted, fraudulent, or deceptive
• Content that is illegal or unlawful, that would otherwise create liability
• Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party
• Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM)
• Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers, credit card numbers)
• Viruses, corrupted data or other harmful, disruptive or destructive files or code
• Content that is sexual or pornographic in nature
Also, you agree that you will not do any of the following in connection with the Service or other users:
• Use the service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity
• Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass users of the Service
• Create an account or post any content if you are not over 13 years of age
• Circumvent or attempt to circumvent any filtering, security measure, rate limits or other features designed to protect the Service, user of the Service, or third parties
PUBLIC FORUMS AND COMMUNICATIONS
“Public Forum” means an area, site or feature offered as part of any RWS Website or otherwise that offers the opportunity for users to post or communicate for viewing by one or more Users, including a chat area, message board or social community environment.
YOU ACKNOWLEDGE THAT PUBLIC FORUMS AND FEATURES OFFERED THEREIN ARE FOR PUBLIC AND NOT PRIVATE COMMUNICATIONS, AND YOU HAVE NO EXPECTATION OF PRIVACY WITH REGARD TO ANY SUBMISSION TO A PUBLIC FORUM. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
Subject to applicable law, you are and shall remain solely responsible for the posts you create on or through RWS under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any posts in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith, to include any representations related to the Products offered or purchased through a Site or the Services.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to your posts.
We reserve the right to screen, refuse to post, remove, edit, store and/or review content and Products at any time and from time to time and for any or no reason including, without limitation, to ensure that the posts conforms to these Terms, in our absolute and sole discretion without prior notice. If we elect to screen content and/or Products, there may be a delay in the posting of such in a Public Forum to allow for a review process. If we have questions about your posts including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material.
ONWARD TRANSFER TO THIRD PARTIES
Except as otherwise set forth in these Terms and/or our Privacy Policy, We will not trade, sell, transfer, or disclose to any third party any form of your information without your consent unless:
• Such third party is a related affiliate, subsidiary, or parent company of RWS or a licensor of content or services offered to you through our Services;
• The transfer or disclosure is necessary: (a) to conform to legal requirements or to respond to a subpoena, search warrant, or other legal process or request from a local, state, or federal government or administrative agency received by RWS, whether or not a response is required by applicable law; (b) to enforce our Terms or to protect our rights; (c) to protect the safety of members of the public and users of the Services; or (d) to properly operate, maintain, or provide a Site or the Services.
• We do so in connection with a sale of some or all of RWS assets or the merger or reorganization of RWS’s business (including in the event that we sell or buy any business or assets, in which case we may disclose your information to the prospective seller or buyer of such business or assets); or
• Such third party is involved in processing trades for or otherwise involved in delivery of the Services that you have obtained from RWS, including the use of Facebook Connect for login purposes. Use of Facebook Connect also expresses your agreement to the terms and conditions of Facebook Connect;
• RWS attempts to work only with reputable partners whom we believe maintain high standards with respect to privacy and consumer rights. All third parties with whom we share your information either subscribe to or are subject to the European Union’s Directive on Data Protection or have entered into a written agreement with us that provide for at least the same level of privacy protection as is required by the U.S. Department of Commerce’s Safe Harbor Privacy Principles.
If you would like to report any concerns or problems with one of Our partners, please e-mail Our customer Service department at contact@realworldscholars.org
RE-CERTIFICATION
You affirm that you are of the age of majority and/or supervised by a teacher or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
You also agree that:
You are fully able and legally competent to agree to the Terms;
• You will not impair or harm a Site or the Services or attempt to gain unauthorized access to a Site or the Services in any way;
• Your use of a Site and/or Services is subject to all applicable local, state and federal laws and regulations and you will not use a Site or the Services for any illegal purposes;
• RWS reserves the right to prosecute, to the fullest extent of the law: any attempt by you to misconstrue your age, either directly or indirectly;
• You will not access a Site or the Services, using the account information of someone other than you, without the express consent of the account holder;
• You will not use a Site or the Services to engage in commercial activities, aside from those sanctioned by RWS;
• You will not copy or distribute any content from the App;
• You will not resell the use of a Site or the Services to a third party;
• It is your responsibility to keep your account password and any identifying information, confidential;
• Any User may decline your delivery request for any reason.
RWS shall not be liable for any loss or damage arising from the User’s failure to comply with the Terms or applicable laws. The Terms will continue to apply until you or RWS terminates them as follows: (a) You discontinue using the Services; or (b) RWS may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason.
RWS MATERIALS
We put a lot of effort into creating the Sites and the Services including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying a Site or the Service; (ii) modifying or otherwise making any derivative uses of a Site or the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of a Site or the Service or any information contained therein; (v) reverse engineering or accessing a Site or the Service in order to build a competitive product or service; or (vi) using a Site or the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Site or the Service.
HYPERLINKS AND THIRD PARTY CONTENT
You may create a hyperlink to a Site or the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
RWS makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from a Site or the Service or websites linking to a Site or the Service. When you leave a Site or the Service, you should be aware that these Terms and our policies no longer govern.
If there is any content on a Site or the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in a Site or the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
UNAVOIDABLE LEGAL STUFF
THE SITES AND SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL RWS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE VALUE OF PRODUCTS TRADED THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE RWS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of a Site or the Service or the use of a Site or the Service by any person using your account, including any claim that your use of a Site or the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
COPYRIGHT COMPLAINTS
We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the Service for users who are deemed to be repeat infringers.
Notifications of claimed copyright infringement must be sent to the following designated agent:
• Services provider: REAL WORLD SCHOLARS, INC.
• Name of agent designated to receive notification of claimed infringement: Elyse Burden
• Full address of designated agent to which notification should be sent: 845 15th Street, Suite 103, San Diego, 92101
• E-mail address of designated agent: contact@realworldscholars.org
To be effective, the notification must be a written communication that includes the following:
• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on a Site, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which RWS may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
GOVERNING LAW
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of California without regard to conflicts of law principles.
JURISDICTION
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
LIABILITY LIMIT
IN NO EVENT SHALL RWS, AND (AS APPLICABLE) RWS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR RWS'S SUPPLIERS 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 THE SITE, RWS'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
RWS'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF RWS'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO AN RWS SITE OR SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100, WHICHEVER IS SMALLER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and RWS, please contact RWS at the information provided in these Terms. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Diego County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and RWS agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
In the event a dispute arises between you and another User or a third party, RWS encourages you to contact the user or third party to resolve the dispute amicably. To the extent that RWS attempts to resolve a dispute, RWS will do so in good faith based solely on RWS's policies. RWS will not make judgments regarding legal issues or claims. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release RWS (and RWS's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
TERMINATION
These Terms constitute the entire agreement between you and RWS regarding the use of the Service, superseding any prior agreements between you and RWS relating to your use of the Service.
NOTICES
Except as explicitly stated otherwise, notices shall be given by postal mail to (in the case of RWS):
Real World Scholars, Inc.
Attn: Legal Department
845 15th Street, Suite 103
San Diego, 92101
Or, in your case, to the email address you provide to RWS (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, RWS may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to RWS. In such case, notice shall be deemed given three days after the date of mailing.
DISCLOSURES
The services hereunder are offered by RWS, located at 845 15th Street, Suite 103, San Diego, 92101
Effective Date: June 4, 2015
Updated: September 2, 2020
PRIVACY POLICY
WHAT INFORMATION DO THE SITES AND SERVICES OBTAIN AND HOW IS IT USED?
User Provided Information – The Sites and the Services obtain the information you provide when you download and register. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the Sites and the Services, unless you register with us.
When you register with us and use the Site and/or Services, you generally provide (a) your name, email address, user name, a password, street address, and other registration information; (b) transaction-related information, such as when you download or use applications from us; (c) information you provide us when you contact us for help; (d) information you enter into our system when using the Sites and/or Services, such as contact information, description of your produce and messages to other users. We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
In addition, the Sites and the Services may collect certain information automatically, such as the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Sites and/or Services.
DO THE SITES AND/OR SERVICES COLLECT PRECISE REAL TIME LOCATION INFORMATION OF THE DEVICE?
This Sites and Services do not collect precise information about the location of your device.
DO THIRD PARTIES SEE AND/OR HAVE ACCESS TO INFORMATION OBTAINED BY THE SITES OR SERVICES?
We will share your information with third parties only in the ways that are described in this privacy statement. We may disclose User Provided and Automatically Collected Information:
• As required by law, such as to comply with a subpoena, or similar legal process.
• When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
• With our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rule set forth in this privacy statement.
• If RWS is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Site or through the Services of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
WHAT ARE MY OPT-OUT RIGHTS?
There are multiple opt-out options for users of the Sites and the Services, please visit the individual Site and/or Service to determine the proper procedure. Alternatively, please email your opt-out request to: contact@realworldscholars.org.
DATA RETENTION POLICY, MANAGING YOUR INFORMATION
We will retain User Provided data for as long as you use the Sites and the Services and for a reasonable time thereafter. If you'd like us to delete User Provided Data that you have provided via the Sites and/or Services, please contact us and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Sites and/or Services to function properly, and we may be required to retain certain information by law.
CHILDREN
By registering for a Site or the Services, you are guaranteeing that you are at least 18 years of age or have a teacher or guardian supervising you. We do not use the Sites and Services to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files within a reasonable time.
SECURITY
We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Sites and Services. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
CHANGES
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy and by informing you via email or text message if you have provided that to us. You are advised to consult this Privacy Policy regularly for any changes.
YOUR CONSENT
By using the Services, you are consenting to our processing of User Provided and Automatically Collection information as set forth in this Privacy Policy now and as amended by us. "Processing," means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. By using the Sites and Services and providing information to us, you consent to such transfer to, and processing in, the US.
WHAT ARE COOKIES?
A “cookie” is a small text file that is stored on a user’s Device. Cookies are used for recordkeeping purposes and facilitate and greatly enhance your communication and interaction with our Sites and/or Services. Many mobile sites and Web sites use cookies for these purposes. We may use cookies and login file information to: (1) properly administer our system and improve its performance; (2) store information so that you will not have to re-enter it during your visit or the next time you use the service or visit our sites; (3) provide you a customized, personalized user experience with customized and personalized content and information; (4) monitor the effectiveness of our marketing campaigns; (5) monitor aggregate metrics/statistics such as total number of visitors, downloads, pages viewed, etc.; and (6) track your downloads, entries, submissions, general usage, and status in promotions, sweepstakes, and contests. In addition, we may use cookies, clear gifs, web beacons, and other methods in communications to you to track the usage of such communications in much the same manner as usage of our site and service is tracked. You may stop or restrict the placement of cookies on your device, including third-party cookies, or delete them from your browser or device by adjusting your device preferences, in which case you may still use our Sites and/or Services, but it may interfere with some of its functionality. Unless you have adjusted your device’s setting so that it will refuse cookies, our system will issue cookies when you access our site or use our services. Please note that, if you reject cookies or disable cookies in your web browser or device, you may not be able to use our Site or Services.