Welcome to Flashcard Exchange (“Service”). The following terms serve as a contract that governs your use
of the Service (the “TOS”).
BY REGISTERING, ACCESSING, OR USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS AND FURTHER AGREE TO RESOLVE ANY DISPUTES BY ARBITRATION.
Flashcard Exchange may amend the TOS at any time by posting an amended TOS on our website. This TOS has the same force and effect like an agreement signed in writing. You signify your agreement to any changes if you continue to use the Service after we post or notify you of the changes. The TOS may not be otherwise amended except in a writing signed by you and Flashcard Exchange. We use the term “you” to mean the person or entity using the Service, and the terms “we” or “us” to mean Flashcard Exchange, its affiliates and parent.
You must register for a membership in order to access the Service. You agree and guarantee to provide true, accurate, and complete information, and maintain and promptly update this information. We can reject any application for registration and suspend or terminate any account if we believe in our discretion that any registration information is untrue, inaccurate, or incomplete or violates this TOS. You are responsible for obtaining and paying for any Internet access to the Service. You will receive a password and login name upon completing the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities and fees that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. You will immediately notify Flashcard Exchange of any unauthorized use of your membership or any other breach of security.
You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase. You must provide Flashcard Exchange with a payment method when you make a payment. You must be authorized to use the payment method. You authorize Flashcard Exchange to charge you for the service using your payment method and to retain such payment information for any purchases by you. You will pay service charges in advance. You hereby further authorize Flashcard Exchange to charge your chosen payment method for any and all additional purchases of Services.
As determined by the content provider of the site, subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless you notify us that you want to cancel your subscription no later than seven (7) days before renewal. You will select the length of your subscription term. You hereby further authorize Flashcard Exchange to charge your chosen payment method for any and all additional purchases of Services.
You will receive an email receipt to their email provided upon initial subscription of your membership. You may, at any time, request a copy of the account of charges made for the life of their membership to the site. You agree that you forego this right if such request is not made. Subscription fees are NOT refundable if you request to cancel or terminate your membership. All refunds will be credited solely to the payment method used in the original transaction if we elect in our sole discretion to grant a refund. You agree that we have no obligation to provide any refund by cash, check, or to another credit card or payment mechanism. We may at any time change our fees or billing methods, although no price change will take effect prior to a renewal term or term of any subscription.
You agree that you will not:
- Post copyrighted material to www.flashcardexchange.com without written permission from the copyright holder.
- Impersonate any person, including a Flashcard Exchange employee or agent on the Service.
- Violate any local, state, or national law through or on the Service.
- Harass people through or on the Service.
- Collect or store data about other people using the Service.
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service.
- Use the Service in any manner other than as expressly authorized in the TOS.
- Use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service for any reason, including without limitation, to resell or redistribute such data.
- Reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
We do not claim ownership in any content or materials that you may post or submit through the Service. If you share or post content, including without limitation, your own research papers ("Submission") to the public or to public areas on the Service, you understand that other users will have access to this content. By uploading, posting or otherwise offering the Submission, you expressly grant us a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with right to sublicense) to the Submission, including without limitation the right for us or any third party designated by us to: use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future. We reserve the right, but we have no obligation, to edit your Submissions. We may use any comments, suggestions, complaints or other feedback you provide to us regarding the Service in any manner whatsoever for no compensation, attribution and without limitation of any kind. You may only provide Submissions that (a) are either your original work or a work in which you have a right to submit, (b) do not violate the right of any other person or entity, (c) do not violate laws or regulations or (d) contain objectionable content as we determine in our sole discretion, including without limitation, content that is obscene or defamatory, contain hate speech or advertisements, or fraudulent.
Ownership and Restrictions
You may access and use the Service for your own, personal use during the term of any subscription. This limited license does not give you any ownership rights in the Flashcard Exchange Service or database. Our licensors and we retain all right, title, and interest in and to the Service including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the Service’s database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the Flashcard Exchange database, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service unless expressly authorized in the TOS.
You represent and warrant to us:
- You have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company.
- You will provide complete and accurate information to use the Service.
- The charges incurred by you will be honored by your credit card company.
- You will pay all charges that you incur at Flashcard Exchange’s then-current rates.
You will indemnify and hold us, our subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.
Modifications to Service
We may at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
The Service may from time to time be supported by advertising revenue and that such advertisements may be targeted to the content of information. As consideration for your use of the sites, you consent to our placements of such advertising.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. You must comply with all local laws within the territories that you access the Sites.
You have the right to terminate or cancel your membership at any time. Termination during the term of any subscription is not refundable. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to or arising out of:
- Any term of the TOS or our enforcement or application of the TOS.
- Our implementation or enforcement of any policy, guidelines or terms for the Service.
- The data available through the Service.
- Your ability to access and use the Service.
- The amount or type of fees, surcharges, applicable taxes, and any Flashcard Exchange billing methods.
We may terminate your membership and remove and discard any materials that you have contributed or stored on the Service without notice if we believe that you have violated or acted inconsistently with the TOS. Flashcard Exchange will not be liable to you for termination of your membership to the Service.
Content and Links
The research materials and other content offered on the sites are provided "as is" by others and made available for research, reference, informational and entertainment purposes only. Your use of any information provided on the Service is at YOUR OWN RISK. You understand and agree that the Service may contain content licensed to us by third party providers or by end users. We are not responsible or liable for content or materials that are prepared by, posted or provided by others and by our advertisers. We are not responsible for content on the Internet, including any Web sites or content linked from the Service. We have no duty to pre-screen content, although we may do so in our sole discretion and without liability to you.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO FLASHCARD EXCHANGE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you have a dispute with us or the Service, you agree to give us first an opportunity to resolve your claim by sending a written description of your claim. Each party agrees to negotiate your claim in good faith. If the parties are unable to resolve the claim within 60 days after Flashcard Exchange receives this claim description, you may pursue your claim in arbitration as described below. Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by us to collect fees or recover damages for, or obtain an injunction relating to, our intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect each party’s rights or property pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).
CLASS ACTION WAIVER. EACH PARTY AGREES THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between the parties and this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
We may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and Flashcard Exchange and governs your use of the Service, superseding any prior agreements between you and Flashcard Exchange. You also may be subject to additional terms and conditions that may apply when you use other products or services. The TOS and the relationship between you and us will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Los Angeles, California. Our failure to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect.
We are committed to complying with U.S. Copyright and related laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA”). Our policy is to (1) block access or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Your name, address, telephone number, and email address so that we may contact you.
- 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 owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this Site can be reached as follows:
8939 1/2 Santa Monica Blvd
West Hollywood, CA 90069
If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact our DMCA agent identified above and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer. If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to the email address listed above. Upon our receipt of a counter notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures regarding counter notification. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Please note that you may be held liable for money damages if you materially misrepresent that an activity is infringing your copyrights. This contact information is only for reporting copyright infringement.
Last Updated: October 25, 2012