User Agreement
PLAGIARISMSEARCH.com (the “Site”) and its services are maintained by PLAGIARISMSEARCH, LLC (“PLAGIARISMSEARCH”), and offered to you, the user (“You”), conditioned upon your acknowledgement of the conditions and terms, and notices contained herein without modification (the “User Agreement”). By clicking the “I agree – create profile” button below You: (1) acknowledge that you have read, understand, and have the capacity and authority to enter into this User Agreement; and (2) agree to follow all of its terms and conditions.
You should review this User Agreement carefully. If You breach the User Agreement, Your authorization to use the Site may automatically terminate. Only students may use this Service. Educational institutions, publishers, corporations, governmental entities, and others are not eligible to use this Site.
Scope of Services. The Site offers plagiarism detection services (the “Services”) which allow you to check your papers for possible textual matches against Internet-available resources, ” PLAGIARISMSEARCH’s” own proprietary database, and databases licensed from other third parties. The Site is owned and operated by PLAGIARISMSEARCH, its subsidiaries, affiliates, licensors and/or vendors. These parties own all rights, all materials created by the Services, including the format of reports evaluating textual sources (“Reports”), and all intellectual property rights related thereto. The Site and the Services are protected by United States and international copyright and trademark laws. With the exception of the limited license granted below, nothing contained in this Agreement grants you any right, title, or interest in the Site or Services or any of “PLAGIARISMSEARCH’s” intellectual property or proprietary information. Any rights not granted to you by this User Agreement are reserved for PlagiarismSearch and/or its affiliates, vendors and licensors.
License to Use Papers Submitted. With regard to papers submitted to the Site, You hereby grant PlagiarismSearch a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, display, disclose, transmit, archive and in other ways use any paper you submit to the Site in connection with its Services. Please, note that papers submitted to the Site are not read or reviewed by any individuals, but are only analyzed using the review and detection services of “PlaigiarismSearch.”
License to Use the Services and the Site. PlagiarismSearch grants you a non-transferable, non-exclusive license to use the Services and the Site, solely for your personal and non-commercial use to obtain the Reports for which you have paid the applicable fees. No other license is granted by implication, estoppel or otherwise. You may not modify, transmit, display, publish, license, perform, copy, distribute, reproduce, create derivative works from, transfer, or sell any information or the Services from the Site without the prior written consent of PLAGIARISMSEARCH. You further agree not to cause or permit the disassembly, decompilation, recompilation, or reverse engineering of the Site or the Services. You may not remove any proprietary notices (e.g., copyright and trademark notices) of PlagiarismSearch from the Site,the Services, or Reports. All fees paid by you for the Services and the Site are non-refundable. Only you may use your password in accessing and using the Services. You must not share your password with anyone else.
Suspension. PlagiarismSearch may, at its sole discretion, suspend or terminate your access to the Site and the Services to (i) prevent damages to, or degradation of the Services; (ii) comply with any regulation, court order, law, or other governmental request; (iii) otherwise protect PLAGIARISMSEARCH from potential legal liability; or (iv) address a breach of this User Agreement.
Warranty Disclaimer. THE SITE, THE SERVICES, AND REPORTS ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS, AND “AS AVAILABLE.” PLAGIARISMSEARCH AND ITS LICENSORS DO NOT WARRANT THAT THE SITE, THE SERVICES, OR REPORTS WILL MEET YOUR REQUIREMENTS, OR THAT ANY REPORTS, RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. PLAGIARISMSEARCH DOES NOT WARRANT THAT ACCESS TO THE SITE OR THE USE OF THE SERVICES OR LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULL EXTENT PERMISSIBLE BY LAW, PLAGIARISMSEARCH AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT PLAGIARISMSEARCH DOES NOT OPERATE OR CONTROL THE INTERNET: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; AND/OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, COMPUTERS, OR NETWORKS. PLAGIARISMSEARCH SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES.
Limitation of Liability. NEITHER PLAGIARISMSEARCH, NOR ITS LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF THE SITE, REPORTS, SERVICES OR INFORMATION CONTAINED WITHIN, HOWEVER ARISING, EVEN IF PLAGIARISMSEARCH, ITS LICENSORS, SUPPLIERS AND THEIR RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF PLAGIARISMSEARCH, ITS LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THIS USER AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES, IF ANY, YOU PAID TO PLAGIARISMSEARCH FOR THE SERVICES IN THE THIRTY (30) DAY PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY. YOU ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INTERPRETING THE REPORT OR SHARING THE REPORT WITH ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS PLAGIARISMSEARCH’S LIABILITY UNDER THIS USER AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify, defend, and hold harmless, PlagiarismSearch.com, its affiliates, agents, officers, directors, employees, suppliers, and licensors, from any claims, losses, damages, deficiencies, liabilities, costs and expenses (including attorneys’ fees and costs) arising from Your (a) use of the Site or the Services, (b) violation of any third party’s rights, or (c) breach of this User Agreement. For clarity, this indemnification applies both to direct claims between you and PLAGIARISMSEARCH and any third-party claims. You agree to cooperate as reasonably required in the defense of any claim. PLAGIARISMSEARCH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of PLAGIARISMSEARCH. Your obligation to defend and indemnify PLAGIARISMSEARCH survives termination of this User Agreement and your use of the Site.
External Hyperlinks From the Site. The Site contains hyperlinks to third party Web sites. External hyperlinks to or from the Site do not constitute PLAGIARISMSEARCH’S endorsement of, affiliation with, or recommendation of, any third party or its Web site, products, resources or other information. PLAGIARISMSEARCH is not responsible for any software, data or other information available from any third party Web site. You are solely responsible for complying with all terms and conditions of use for the third party sites. You acknowledge that PLAGIARISMSEARCH shall have no liability for any damage or loss arising from your access to, use of, or reliance on any third party Web site, software, data, or other information.
General. This User Agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts in Alameda County, California, U.S.A., in all disputes arising out of or relating to the use of the Site or the Services. PLAGIARISMSEARCH’s performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of PLAGIARISMSEARCH’s right to comply with law enforcement requests or requirements relating to your use of the Site or the Services or information provided to or gathered by PLAGIARISMSEARCH with respect to such use. You agree that any claim or cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arose. Otherwise, such claim or cause of action is barred forever. If any part of this This User Agreement is determined to be invalid or meaningless pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of the User Agreement shall continue in effect. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This User Agreement constitutes the entire agreement between You and PLAGIARISMSEARCH with regard to its subject matter and supersedes any and all prior negotiations, representations and agreements, whether written or oral, between the parties.
