Registration and account security
- You must be at least 16 years old to use the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employees or clients, Grader prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
- You represent that all information you provide or provided to Grader upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Grader users.
- You are responsible for keeping your password secret and secure.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, works of authorship, applications, links and other content or materials (collectively, “Content“) that you submit, post or display on or via the Service.
- You must not create or submit unwanted email, comments, grades or other forms of commercial or harassing communications (spam) to any Grader users.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate, discriminate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Grader page is rendered or displayed in a user’s browser or device.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Grader.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service or if you deactivate your account, your photos, comments, grades, graders, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Grader is not responsible or liable for the conduct of any user. Grader reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Grader’s express consent).
Intellectual Property Rights
- The Service contains content owned or licensed by Grader (“Grader Content“). Grader Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Grader, Grader owns and retains all rights in the Grader Content and the Service. You will not remove, alter or conceal any copyright, trademark or other proprietary rights notices incorporated in or accompanying the Grader Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Grader Content.
- The Grader name and logo are trademarks of Grader, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Grader. In addition, all page headers, custom graphics, button icons and scripts are proprietary rights of Grader, and may not be copied, imitated or used, in whole or in part, without prior written permission from Grader.
- There may be links from the Service, or from communications you receive from the Service, to third-party apps, websites or features. There may also be links to third-party apps, websites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party app, website or feature, including applications that connect the Service or your profile on the Service with a third-party app, website or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Grader does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Grader is in no way responsible or liable for any such third-party services or features.
- Your correspondence and business dealings with third parties found through the service are solely between you and the third party.
- You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application“) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Grader has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Grader Parties (as defined below) harmless for activity related to the Application.
- The Service, including, without limitation, Grader Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither Grader nor any of their employees, managers, officers or agents (collectively, the “Grader Parties“) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Service; (b) the Grader Content; (c) user content; or (d) security associated with the transmission of information to Grader or via the Service. In addition, the Grader Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
- The Grader Parties do not represent or warrant that the Service will be error-free or uninterrupted; that defects will be corrected; or that the Service or the server that makes the Service available is free from any harmful components, including, without limitation, viruses. The Grader Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful.
- Although it is Grader’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
- By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
- The Grader Parties do not endorse Content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
Limitation of Liability
- To the extent not prohibited by law, in no event shall the Grader Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Service; (b) the Grader Content; (c) user content; (d) your use of, inability to use, or the performance of the Service; (e) any action taken in connection with an investigation by the Grader Parties or law enforcement authorities regarding your or any other party’s use of the Service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Grader Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the Grader Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event will the Grader Parties total liability to you for all damages, losses or causes or action exceed the amount of fifty euro’s (€50,-). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- You agree that in the event you incur any damages, losses or injuries that arise out of Grader’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product or other content owned or controlled by the Grader Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the Grader Parties.
- Grader is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
- You agree that any claim you may have arising out of or related to your relationship with Grader must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing law and jurisdiction
Grader’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
- The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Grader to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Grader provides.
- No software from the Service may be downloaded, exported or re-exported: (a) into any European Union and/or U.S. embargoed countries or (b) to anyone on a sanction list maintained by the European Union and/or the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.