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Bursity.org © 2020
1. Terms Of Service.
1.1. Access and Use of Services.
Without limiting the foregoing, the permission granted to Customer to access and use the Services is based on Customer’s agreement to not access or use the Services for: (i) developing a product or service that could reasonably be regarded as being competitive with the Services, or (ii) monitoring the availability, performance or functionality of the Services, or for any other benchmarking or competitive purpose.
Customer shall not, and shall not permit third parties to, block, mask or obscure advertisements that appear on the Website.
1.2. No Double Registration.
Company will provide Customer with the opportunity to reject individual scholarship providers. Customer agrees to reject any scholarship provider to which Customer or anyone on Customer’s behalf has applied in the past. Customer acknowledges that any failure to reject duplicative applications may disqualify Customer’s other applications, and Customer hereby waives all claims against Company relating to such disqualification.
1.3. Additional Services
The Official Rules attached hereto as Exhibit A constitute an Additional Agreement for Company’s scholarship sweepstakes Additional Services, and Customer agrees to such Official Rules.
1.4. Customer Account
To access the Services, Customer must create an account associated with a valid email address (“Account”). When Customer signs up for the Services, Company shall create a dedicated email address on behalf of Customer with Bursity.org, Bursity.ca, or Bursity.us (“Company Email Address”). Customer is solely responsible for Customer’s Account, including for: (i) controlling the access to, and use and security of, the Account and Customer’s Content (as defined below), (ii) maintaining the security of the passwords and other measures used to protect access to the Account, and (iii) all instructions provided to Company through the Account, whether or not authorized by Customer. Company is not responsible for unauthorized access to the Account. Customer will contact Company immediately if Customer believes an unauthorized third party may be using the Account. Nothing in the foregoing requires Company to monitor the Account for unauthorized access or any other security breach.
“Customer’s Content” shall mean any information Customer has provided or has been collected in connection with establishing the Account or using the Services.
1.5. Separate Services; Disclaimer.
1.6. Third Party Services.
1.7. Services Changes.
Company may change or discontinue any of the Services or change or remove features or functionality of the Services from time to time, without any liability to Customer. Company will use commercially reasonable efforts to notify Customer of any material change to or discontinuation of the Services.
1.8.Suspension of Services.
2. Term and Termination.
2.2. Termination for Convenience.
2.3. Termination for Breach and Other Reasons.
2.4. Effect of Termination.
3. Acceptable Use.
3.1. Customer shall use the Services in compliance with all applicable laws, ordinances, rules and regulations, shall not violate or attempt to violate Company’s system or network security, and shall not misuse the Services in any way. Customer shall not (i) engage in, solicit, or promote any activity that is illegal, invasive, violates the rights of others, or could subject Company to liability to third parties, (ii) submit Customer’s Content that is defamatory, misleading, fraudulent, obscene, distasteful, harassing, discriminatory, racially or ethnically offensive, contains sexually suggestive or explicit content, facilitates or promotes illegal activity, or contains illegal content, (iii) distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a disabling, destructive, damaging, or deceptive nature, or (iii) disable, interfere with, or circumvent any aspect of the Services.
Customer hereby irrevocably and in perpetuity grants to Company, those acting under Company’s authority, and any third party sponsor or co-sponsor of a scholarship (“Scholarship Partner”) the unrestricted, absolute, perpetual, worldwide right and license to use Customer’s name, address, photograph, likeness, voice, biographical and personal information, statements, Scholarship Sweepstakes application, essays, and any photograph, film, video, audio recording or other recording taken of Customer or such materials (collectively, “Promotional Content”), and all in connection with marketing purposes; and to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used, the Promotional Content or any part thereof, whether alone or in combination with other materials (including but not limited to text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media whatsoever, in connection with such marketing purposes; and all the foregoing without any compensation, royalties, remuneration or consideration to Customer or to any third party, and Customer hereby waives all claims to compensation, royalties, remuneration, consideration, notice or permission in connection therewith.
5. Customer’s Warranties.
Company shall promptly notify Customer of any claim subject to indemnification, provided that Company’s failure to do so shall not affect Customer’s obligations hereunder, except to the extent that Company’s failure to promptly notify Customer materially delays or prejudices Customer’s ability to defend the claim. At Company’s option, Customer will have the right to defend against any such claim with counsel of Customer’s own choosing (subject to Company’s written consent) and to settle such claim as Customer deems appropriate, provided that Customer shall not enter into any settlement without Company’s prior written consent and provided that Company may, at any time, elect to take over control of the defense and settlement of the claim.
7. Disclaimers of Warranties and Limitation of Liability.
7.1. Disclaimer of Warranties.
7.2. Limitation of Liability.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND CUSTOMER MAY HAVE ADDITIONAL RIGHTS.
8. Proprietary Rights and Confidentiality.
8.1. Customer's Content.
As between Company and Customer, Customer owns all right, title and interest in and to Customer’s Content.
As between Company and Customer, Company or its licensors own and reserve all rights, title and interest in and to the Services, Company’s trademarks, logos and service marks and all modifications to any of the forgoing and all related intellectual property rights, including, without limitation, all content accessible from the Website (other than Customer’s Content), whether registered or not and whether registerable or not. Customer is required to retain all copyright, trademark and other notices on any copies Customer makes of the Website or any content contained therein.
Should Customer provide Company with any suggestions or ideas pertaining to the Services (“Suggestions”), Company will own all right, title and interest in and to the Suggestions and will be free to use the Suggestions for any purpose without any liability or payment to Customer. Customer hereby irrevocably assigns to Company all right, title and interest in and to Suggestions and agrees to provide Company with reasonable assistance, at Company’s cost, required or desirable in order to document, perfect and maintain Company’s rights in the Suggestions.
Customer agrees not to use any Confidential Information of Company except in connection with Customer’s authorized use of the Services. “Confidential Information” means all non-public information disclosed by Company to Customer in connection with the Services, that Customer should reasonably understand to be confidential, including all non-public aspects of the Services.
8.5. Links to Website.
Customer may link to the Website by using a text link and linking to the Website homepage or any other webpage or content contained on the Website, provided that the link Customer creates and the pages that are activated by the link do not: (i) duplicate Website content, (ii) frame or create a border around Website content or any pages on the Website, or use other techniques that alter in any way the visual presentation or appearance of any content on the Website, (iii) misrepresent your relationship with us or otherwise create a false affiliation, connection or association with us, (iv) imply that we approve or endorse Customer, Customer’s website or the content contained thereon, or Customer’s goods or services, (v) present false or misleading impressions regarding Company or otherwise damage any goodwill associated with Company’s name, Website, scholarships, other goods or services, or trademarks, (vi) use Company’s trademarks in page text, metatags or hidden text in order to gain higher rankings from search engines, or (vii) use Company’s name, trademarks, or Customer’s relationship with Company, in a promotional manner without Company’s prior written permission.
9. Governing Law & Jurisdiction.
10.4. Force Majeure.
10.8. Entire Agreement.
Automatic collection of information
When you open the Website, our servers automatically record information that your browser sends. This data may include information such as your device's IP address, browser type and version, operating system type and version, language preferences or the webpage you were visiting before you came to the Website and Services, pages of the Website and Services that you visit, the time spent on those pages, information you search for on the Website, access times and dates, and other statistics.
Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Website and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.
Collection of personal information
You can access and use the Website and Services without telling us who you are or revealing any information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address). We receive and store any information you knowingly provide to us when you create an account, or fill any online forms on the Website. When required, this information may include the following:
Personal details such as name, country of residence, etc.
Contact information such as email address, address, etc.
Account details such as user name, unique user ID, password, etc.
Geolocation data such as latitude and longitude.
Any other materials you willingly submit to us such as articles, images, feedback, etc.
You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what information is mandatory are welcome to contact us.
Use and processing of collected information
In order to make the Website and Services available to you, or to meet a legal obligation, we need to collect and use certain Personal Information. If you do not provide the information that we request, we may not be able to provide you with the requested products or services. Some of the information we collect is directly from you via the Website and Services. However, we may also collect Personal Information about you from other sources. Any of the information we collect from you may be used for the following purposes:
Create and manage user accounts
Respond to inquiries and offer support
Request user feedback
Improve user experience
Administer prize draws and competitions
Enforce terms and conditions and policies
Protect from abuse and malicious users
Respond to legal requests and prevent harm
Run and operate the Website and Services
Processing your Personal Information depends on how you interact with the Website and Services, where you are located in the world and if one of the following applies: (i) you have given your consent for one or more specific purposes; this, however, does not apply, whenever the processing of Personal Information is subject to California Consumer Privacy Act or European data protection law; (ii) provision of information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof; (iii) processing is necessary for compliance with a legal obligation to which you are subject; (iv) processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us; (v) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
Note that under some legislations we may be allowed to process information until you object to such processing (by opting out), without having to rely on consent or any other of the following legal bases below. In any case, we will be happy to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
You are able to delete certain Personal Information we have about you. The Personal Information you can delete may change as the Website and Services change. When you delete Personal Information, however, we may maintain a copy of the unrevised Personal Information in our records for the duration necessary to comply with our obligations to our affiliates and partners, and for the purposes described below. If you would like to delete your Personal Information or permanently delete your account, you can do so by contacting us.
Disclosure of information
Depending on the requested Services or as necessary to complete any transaction or provide any service you have requested, we may share your information with your consent with our trusted third parties that work with us, any other affiliates and subsidiaries we rely upon to assist in the operation of the Website and Services available to you. We do not share Personal Information with unaffiliated third parties. These service providers are not authorized to use or disclose your information except as necessary to perform services on our behalf or comply with legal requirements. We may share your Personal Information for these purposes only with third parties whose privacy policies are consistent with ours or who agree to abide by our policies with respect to Personal Information. These third parties are given Personal Information they need only in order to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes.
We will disclose any Personal Information we collect, use or receive if required or permitted by law, such as to comply with a subpoena, or similar legal process, and 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.
Retention of information
We will retain and use your Personal Information for the period necessary to comply with our legal obligations, resolve disputes, and enforce our agreements unless a longer retention period is required or permitted by law. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally. Once the retention period expires, Personal Information shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of the retention period.
The rights of users
You may exercise certain rights regarding your information processed by us. In particular, you have the right to do the following: (i) you have the right to withdraw consent where you have previously given your consent to the processing of your information; (ii) you have the right to object to the processing of your information if the processing is carried out on a legal basis other than consent; (iii) you have the right to learn if information is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the information undergoing processing; (iv) you have the right to verify the accuracy of your information and ask for it to be updated or corrected; (v) you have the right, under certain circumstances, to restrict the processing of your information, in which case, we will not process your information for any purpose other than storing it; (vi) you have the right, under certain circumstances, to obtain the erasure of your Personal Information from us; (vii) you have the right to receive your information in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that your information is processed by automated means and that the processing is based on your consent, on a contract which you are part of or on pre-contractual obligations thereof.
California privacy rights
In addition to the rights as explained in this Policy, California residents who provide Personal Information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the Personal Information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us.
How to exercise these rights
Any requests to exercise your rights can be directed to the Operator through the contact details provided in this document. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.
Privacy of children
We do not knowingly collect any Personal Information from children under the age of 18. If you are under the age of 18, please do not submit any Personal Information through the Website and Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. If you have reason to believe that a child under the age of 18 has provided Personal Information to us through the Website and Services, please contact us. You must also be old enough to consent to the processing of your Personal Information in your country (in some countries we may allow your parent or guardian to do so on your behalf).
The Website and Services use "cookies" to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
Do Not Track signals
Some browsers incorporate a Do Not Track feature that signals to websites you visit that you do not want to have your online activity tracked. Tracking is not the same as using or collecting information in connection with a website. For these purposes, tracking refers to collecting personally identifiable information from consumers who use or visit a website or online service as they move across different websites over time. How browsers communicate the Do Not Track signal is not yet uniform. As a result, the Website and Services are not yet set up to interpret or respond to Do Not Track signals communicated by your browser. Even so, as described in more detail throughout this Policy, we limit our use and collection of your personal information.
We offer electronic newsletters to which you may voluntarily subscribe at any time. We are committed to keeping your e-mail address confidential and will not disclose your email address to any third parties except as allowed in the information use and processing section or for the purposes of utilizing a third party provider to send such emails. We will maintain the information sent via e-mail in accordance with applicable laws and regulations.
In compliance with the CAN-SPAM Act, all e-mails sent from us will clearly state who the e-mail is from and provide clear information on how to contact the sender. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or by contacting us. However, you will continue to receive essential transactional emails.
Links to other resources
The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties. We encourage you to be aware when you leave the Website and Services and to read the privacy statements of each and every resource that may collect Personal Information.
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We maintain reasonable administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, modification, and disclosure of Personal Information in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed. Therefore, while we strive to protect your Personal Information, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Website and Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third party, despite best efforts.
In the event we become aware that the security of the Website and Services has been compromised or users Personal Information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, as well as notification to and cooperation with law enforcement authorities. In the event of a data breach, we will make reasonable efforts to notify affected individuals if we believe that there is a reasonable risk of harm to the user as a result of the breach or if notice is otherwise required by law. When we do, we will post a notice on the Website, send you an email.
Changes and amendments
We reserve the right to modify this Policy or its terms relating to the Website and Services from time to time in our discretion and will notify you of any material changes to the way in which we treat Personal Information. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected. Policy was created with WebsitePolicies.
Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to firstname.lastname@example.org
This document was last updated on August 5, 2020