Terms and Conditions

  1. StudyMonkey.ca ("StudyMonkey") is an online educational community and portal where students can publish their independently-created educational course and revision work to others (together "Users"). Through StudyMonkey, additional features, tools, and other related services are also offered along with the website (together "StudyMonkey Services").

  2. Terms of Use. The Terms & Conditions of Use ("Terms") applies to the use of StudyMonkey. Users of StudyMonkey agree to be bound to these Terms and the Privacy Policy (see #3 - Privacy Policy). The use of StudyMonkey signifies agreement with these Terms, if such agreement does not exist there should be no use of StudyMonkey. StudyMonkey reserves the right to modify the Terms at any time. Users continuing to use StudyMonkey after such changes accept and agree to be bound to the new Terms. Users must review the posted Terms regularly to be updated about any changes.

  3. Privacy Policy. The use of StudyMonkey is also governed by the Privacy Policy which is incorporated into these Terms. Users should refer to StudyMonkey's Privacy Policy posted on the StudyMonkey website for information. Agreement with these Terms signifies understanding and acceptance of the Privacy Policy.

  4. Eligibility. Through the use of StudyMonkey Services, Users ensure that all information submitted to StudyMonkey is true and accurate; the accuracy of such information will be maintained; participants are at least sixteen (16) years of age; and use of the StudyMonkey Services does not breach any applicable law or regulation.

  5. Terms. Users may end their membership at any time for any reason by following the instructions at the profile page. Termination of membership will mean that a User can no longer access the StudyMonkey Services, including posting more Content and to be rewarded from the distribution of any Content provided prior to Termination. Previously posted Content will remain on StudyMonkey unless StudyMonkey, in its sole discretion, decides to remove it. Even after the membership ends, these Terms will continue to remain in effect.

  6. Non-commercial Use. StudyMonkey Services are for personal use only. StudyMonkey Services must not be used for any commercial purpose. Illegal and/or unauthorized use of the StudyMonkey Services, including collecting information about Users by any means in order to send unsolicited email and/or unauthorized framing of or linking to StudyMonkey is prohibited.
            Users agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses StudyMonkey in a manner that sends more request messages to its servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. However, StudyMonkey does allow operators of public search engines to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but prohibits the creation of archives of such materials. Users agree not to collect any personally identifiable information, including account names, from StudyMonkey.

  7. Password. Users must keep passwords secret and are prohibited from using the account, username or password of any other User at any time or disclosing their password to anybody else. Users should notify StudyMonkey immediately if they suspect of any unauthorized use of accounts and/or passwords. Each User is solely responsible for any and all use of their account including all activities, acts and omissions that occur in, from, through or under their account.

  8. Rewards. StudyMonkey may offer promotions and/or rewards schemes (together "Rewards") from time to time for StudyMonkey Users. Rewards may be based on (a) the number of views or downloads for a User's Content and/or (b) how well a User's Content is rated by other Users and/or (c) how well a User's Content is rated by StudyMonkey and/or (d) a User's participation and contribution to the StudyMonkey community (ie. rating courses and professors). These Rewards are entirely at the discretion of StudyMonkey and can be revoked at any time if, for example, a User's Content or conduct breaches these Terms or does not meet quality standards. Rewards can also be revoked if a User is found (individually or in conspiracy with others) to be cheating by distorting or attempting to distort the Rewards systems or processes designed to determine (a) to (d) above. In these situations, the User will forfeit any Rewards they may have received and will not receive any future Rewards for any Content that remains on the StudyMonkey Services.

  9. Content and Use. StudyMonkey assumes no responsibility or liability for any Content and materials provided by Users, which may contain material that is inaccurate, incomplete, inappropriate, offensive or sexually explicit. StudyMonkey does not review, edit or evaluate the accuracy of information provided by Users. Misuse of any of the StudyMonkey Services by Users, should be immediately reported to StudyMonkey at info@StudyMonkey.com. StudyMonkey can, in its sole discretion, refuse to post and/or remove all or part of any Content provided by Users. StudyMonkey may also restrict, suspend, or terminate access to all or any part of StudyMonkey Services at any time, for any or no reason, with or without prior notice and without liability.

  10. Proprietary Rights in Content. StudyMonkey does not claim ownership of files, text, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that Users may post or upload to the StudyMonkey Services. By posting or uploading any Content on or through the StudyMonkey Services, Users hereby grant to StudyMonkey a non-exclusive worldwide perpetual license to post, modify, copy, publicly perform, publicly display, reproduce, publish, distribute and otherwise use all or part of such Content on and through the StudyMonkey Services and through StudyMonkey and its affiliated entities, other off-line services and products and to charge for access to and/or use of the Content. Uploading permits other StudyMonkey Users to view, access, download, store, print and otherwise use such Content.

  11. A User's License to StudyMonkey is (a) sub-licensable, so StudyMonkey can use affiliates and subcontractors (such as internet Content delivery networks and service partners and collaborators) to provide some or all StudyMonkey Services, (b) worldwide (because the internet and the StudyMonkey Services have global reach) and (c) perpetual, as it continues even after a User's membership ends.

  12. Users represent and warrant that:
    they created and is the sole owner of all Content posted to StudyMonkey and all rights in such Content, including, without limitation, copyright and the posting of Content on or through StudyMonkey will not breach the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of anybody. Users agree to pay for any and all royalties, fees, and any other charges owing to anybody for reasons of any Content provided by the User to StudyMonkey. Users agree to exclude from such Content any documents, records or files made accessible to them by (a) your school, professor or other instructor, (b) any board of examination, (c) any author or publisher whose works have been used as part of studies or (d) any co-student.

  13. Content Posted. StudyMonkey reserves the right to delete any Content that, in its sole discretion, breaches these Terms is not up to quality standards, or which may be offensive, illegal or violate the rights or harm or threaten the safety of any person. StudyMonkey is not responsible for monitoring the StudyMonkey Services for inappropriate Content or conduct. StudyMonkey assumes no responsibility for Content, no obligation to modify or remove inappropriate Content, and no responsibility for the conduct of any User submitting such Content. Users are alone responsible for the Content they post on or through any StudyMonkey Services, and for any material or information transmitted to other Users and for their interactions with other Users. StudyMonkey does not endorse or control any User's Content. Content is not reviewed by StudyMonkey before posting and does not reflect StudyMonkey's opinions or policies.

  14. Complaint and Refund Policy. StudyMonkey is not responsible for Content posted by Users. However, there is a system on StudyMonkey that allows for Users to provide feedback on Content that they have accessed. If a User is unsatisfied with Content that they have accessed (due to copyright infringement, Content not created by User, etc...) they should flag the Content, leave feedback, and report this by sending an e-mail to StudyMonkey. Upon investigation, StudyMonkey may offer a credit refund for the Content accessed by the complaining User.

  15. Copyright Policy. Users agree that they will not (using the StudyMonkey Services) post, modify, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information ("Intellectual Property") belonging to others without obtaining the prior written consent of the owner of such proprietary rights. StudyMonkey will terminate membership privileges of any User who infringes the Intellectual Property of others upon receipt of notice to StudyMonkey by or for the rights owner.

  16. Prohibited Content/Activity. Below is a non-exhaustive list of Content that is illegal or prohibited by StudyMonkey from being posted on or through the StudyMonkey Services:
    (a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person group or animal;
    (b) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    (c) provides telephone numbers, street addresses, last names, URLs or email addresses;
    (d) promotes false or misleading information or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    (f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
    (g) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
    (h) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other persons or from anyone under sixteen (16); and
    (j) includes a photograph of another person without that person's consent.

  17. Below is a non-exhaustive list of activities that are illegal or prohibited on StudyMonkey through use of the StudyMonkey Services:
    (a) criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    (b) advertising to, or soliciting of, any User to buy or sell any products or services through the StudyMonkey Services;
    (c) covering or obscuring the banner advertisements on any StudyMonkey page using HTML/CSS or any other means;
    (d) interfering with, disrupting, or creating an undue burden on the StudyMonkey Services or the networks or services connected to the StudyMonkey Services;
    (e) attempting to impersonate another person;
    (f) selling or otherwise transferring a User profile;
    (g) using any information obtained from StudyMonkey Services to harass, abuse or harm another person; and
    (h) distorting or seeking (individually or in conspiracy with others) to distort or falsify the outputs of StudyMonkey systems or processes designed to determine how many Users use your Content or how well Users rate your Content. Such distortion or efforts to cause distortion may constitute fraud, attempted fraud or conspiracy to commit fraud.

  18. StudyMonkey Services may contain material provided by StudyMonkey, excluding the Content of other Users ("StudyMonkey Material"). StudyMonkey Material is protected by intellectual property and other laws, and StudyMonkey owns and retains all rights in the StudyMonkey Material and the StudyMonkey Services. StudyMonkey grants Users a limited, personal, revocable, non-transferable license to reproduce and display the StudyMonkey Material (excluding any software code) solely for personal educational use.

  19. StudyMonkey may contain Content of other Users and other third parties. Except for Content posted by Users, Users agree not to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display or sell any Content appearing on or through the StudyMonkey Services other than by downloading and printing for personal educational research use alone.

  20. Disclaimers. StudyMonkey is not responsible for any incorrect or inaccurate Content posted in connection with the StudyMonkey Services, whether caused by Users of the StudyMonkey Services or by any of the equipment or programming associated with or utilized in the StudyMonkey Services. StudyMonkey does not guarantee that any Content is correct and accurate and is not responsible for any errors or omissions or for any consequences of the use of such information.
            Content and profiles created and posted by Users on StudyMonkey may contain links to other websites. StudyMonkey is not responsible for the Content, accuracy or opinions expressed on such websites and inclusion of any linked website on the StudyMonkey Services does not imply approval or endorsement of the linked website by StudyMonkey. Users access third-party sites at their own risk. StudyMonkey takes no responsibility for third party advertisements which are posted on StudyMonkey or through the StudyMonkey Services, nor does it take any responsibility for the goods or services provided by its advertisers. StudyMonkey is not responsible for the conduct, whether online or offline, of any User of the StudyMonkey Services. StudyMonkey assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication. StudyMonkey is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on any of the StudyMonkey Services or combination thereof, including any injury or damage to any person's computer related to or resulting from participation or downloading materials in connection with the StudyMonkey Services. Under no circumstances shall StudyMonkey be responsible for any loss or damage resulting from use of the StudyMonkey Services, attendance at a StudyMonkey event, from any Content posted on or through the StudyMonkey Services (including, without limitation, from any use of or reliance on any such Content) or from the conduct of any Users of the StudyMonkey Services, whether online or offline. The StudyMonkey Services are provided "AS-IS" and as available and StudyMonkey expressly disclaims any warranty of fitness for a particular purpose or non-infringement. StudyMonkey cannot guarantee and does not promise that the StudyMonkey Services will always be available and neither can it guarantee or promise any specific results from use of the StudyMonkey Services and in particular does not promise that Users' educational exam or course work grades will improve thereby.

  21. Limitation on Liability. IN NO EVENT SHALL STUDYMONKEY BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM USE OF THE SERVICES, EVEN IF STUDYMONKEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STUDMONKEY'S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USERS TO STUDYMONKEY FOR THE STUDYMONKEY SERVICES UP TO THE DATE WHEN THE CAUSE OF ACTION FIRST ARISES.

  22. Disputes. If there is any dispute about or involving the StudyMonkey Services, participants agree that the dispute shall be governed by the laws of the province of Ontario, Canada, without regard to conflict of law provisions and agree to exclusive personal jurisdiction and venue in the provincial and federal courts of Canada located in the province of Ontario, City of Toronto. Either StudyMonkey or an individual may demand that any dispute between StudyMonkey and that individual about or involving the StudyMonkey Services must be settled by arbitration utilizing the dispute resolution procedures of the ADR Institute of Ontario in Toronto, Ontario, Canada, provided that the foregoing shall not prevent StudyMonkey from seeking injunctive relief in a court of competent jurisdiction.

  23. Users agree to indemnify and hold StudyMonkey its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of the StudyMonkey Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of Users' representations and/or warranties set forth above and/or if any Content posted on StudyMonkey or through the StudyMonkey Services causes StudyMonkey to be liable to another.

  24. Other. These Terms and the Privacy Policy are accepted upon the use of any StudyMonkey Services. These Terms and the Privacy Policy constitute the entire agreement between the User and StudyMonkey for use of the StudyMonkey Services. The failure of StudyMonkey to exercise or enforce any right or provision of these Terms and the Privacy Policy shall not operate as a waiver of the right of StudyMonkey to enforce such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. StudyMonkey is a valuable trademark for which there are trademark registrations and/or applications for such registrations in a number of territories. These Terms and Privacy Policy operate to the fullest extent permissible by law. If any provision in these Terms and/or Privacy Policy are unlawful, void or unenforceable, that provision is deemed severable from these Terms and/or Privacy Policy and does not affect the validity and enforceability of any remaining provisions.