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Terms of Use

Introduction

Welcome to MyStudyPartner.com, provided by CyByte technologies, LLC ("CyByte"). By using CyByte’s web sites (defined to include all properties (mobile, web or otherwise) owned and operated by CyByte), related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use ("Terms of Use"). If you disagree with these terms of use or any part of these terms of use, you must not use this website. You must be at least 13 years of age to use this website. By using this website and by agreeing to these terms of use you warrant and represent that you are at least 13 years of age.

License to use website

Unless otherwise stated, CyByte and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not:

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CyByte’s express written consent. You must not use this website to transmit or send unsolicited commercial communications.

Restricted access

Access to certain areas of this website is restricted. CyByte reserves the right to restrict access to other areas of this website, or indeed this entire website, at CyByte’s discretion. You must establish a User ID and password to access the restricted portions of the website. You must ensure that your user ID and password for restricted access are kept confidential. CyByte may disable your user ID and password in CyByte’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to CyByte a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CyByte the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CyByte or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. CyByte reserves the right to edit or remove any material submitted to this website, or stored on CyByte’s servers, or hosted or published upon this website.

Links to Third Party websites and Services

MyStudyPartner.com contains links to Internet sites, applications and services maintained by third parties, over which CyByte has no control. CyByte does not endorse the content, operators, products or services of such sites, and CyByte is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. CyByte shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites. This website allows you to sign in using information from your account with a third party service, such as Facebook, Google or Yahoo. Please be aware that those third party services are unrelated to CyByte, and that your use of the third party services is subject to the terms and policies of those services.

Your interaction with other users of this website

You are solely responsible for your interactions with other users of this website. You understand that mystudypartner.com currently does not conduct criminal background checks on its users. Mystudypartner.com also does not inquire into the backgrounds of all of its members or attempt to verify the statements of its members. Mystudypartner.com makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. In no event shall mystudypartner.com 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 service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this website or persons you meet through this website. You agree to take reasonable precautions in all interactions with other users of this website, particularly if you decide to meet offline or in person.

No warranty

Services, including the site and content, and all server and network components are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind to the fullest extent permitted by law, and CyByte expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that CyByte does not warrant that the service will be uninterrupted, timely, secure, error-free, and no information or advice obtained by you from CyByte or through the service shall create any warranty not expressly stated in these terms. Some states do not allow the exclusion of implied warranties for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, CYBYTE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW; the other terms and conditions remain enforceable notwithstanding.

Limitations of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CyByte WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CyByte HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES. Some states do not allow the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, CYBYTE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW; the other terms of use remain enforceable notwithstanding.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Indemnity

You agree to defend, indemnify and hold harmless CyByte, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of MyStudyPartner.com by you.

Revisions

CyByte may revise these terms of use from time-to-time. Revised terms of use will apply to the use of this website from the date of the publication of the revised terms of use on this website. Please check this page regularly to ensure you are familiar with the current version.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms of use constitute the entire agreement between you and CyByte in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with laws of Commonwealth of Pennsylvania, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of Alleghany County, Pennsylvania.