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This website will shut down all survives on September 1, 2014

Terms and conditions


Introduction

Shvoong Holdings Limited, (“Shvoong" or “we”), a private company incorporated under the laws of Israel, which owns and operates shvoong.com, an internet site located at www.shvoong.com and/or at other web addresses (the said internet site and any other internet site and/or platform owned and/or operated by Shvoong, together, shall be referred to as the “Site”), is happy to offer you the opportunity to use, review, contribute to and earn commission from the Site. Your use of the Site in any way whatsoever shall be subject to the terms and conditions contained herein and it shall attest to your acceptance, without limitation or qualification, to be bound by these Terms of Use as shall be amended from time to time.

1. Terms and Conditions

As mentioned above, these Terms of Use shall govern your use of the Site and you hereby unreservedly agree to abide by the terms and conditions contained herein. We reserve the right to update and/or change the provisions herein, from time to time, at our sole discretion and without having to give any notice in advance, and these Terms of Use shall be binding upon their publication in the Site. You hereby acknowledge that on each visit to the Site you shall be obligated to review these Terms of Use to ensure your continued agreement to the provisions herein. Your continued use of the Site shall be deemed to attest to your agreement to any modifications of these Terms of Use.

2. Description of the Site

The Site aims to provide users with summaries of (i) works of literature, (ii) newsworthy articles, (iii) scientific knowledge, (iv) materials in the field of humanities and other areas of interest, as they may be. All of the summaries and any other material found on the Site, which was provided by users of the Site and certain third parties, shall be referred to as the “Content”.

You understand and acknowledge that the pages of the Site may include advertising and that such advertising is required for the continued functioning of the Site. Users of the Site will be able to rank the quality of the Content, and the overall rank provided in relation to any specific Content may affect the Commission received by the provider of such Content, as defined and explained below. You commit not use the database of the Site and/or of Shvoong or any part of it, in any way, without the prior written consent and approval of Shvoong.

3. Registration

These Terms of Use shall be in affect and shall be binding to all the users of the Site, even if such users did not register with the Site. In order to provide Content and possibly earn Commissions in relation to such Content, you will be required to complete a simple registration process which will require you to submit a valid email address. We ask you to ensure that you provide us with a correct and functional email address as part of your registration with the Site, otherwise we might not be able to pay you the Commissions due to you. It will be your responsibility to ensure that the email address provided by you is updated as and when required.  Registering multiple accounts on the Site is strictly prohibited.
You acknowledge and commit to keep confidential and not to disclose and/or transfer, to other or others, your user-name given to you and/or your personal password.

4. Providing Content to the Site

You hereby agree that all Content provided by you for posting to the Site will comply with our guidelines and these Terms of Use. You shall retain ownership of any rights in the Content, but by providing Content to the Site you are granting a license to Shvoong to post the Content in whole or in part on the Site and to allow users of the Site to use the Content, subject to all applicable laws. For the avoidance of doubt, the said license is a free-of-charge license (other then the Commission as specified in Section 6 herein), for an unrestricted period of time, to publish, present, duplicate, copy, distribute, market and to do with the Content any other use at Shvoong's sole and absolute discretion. You hereby acknowledge that Shvoong shall have no obligation whatsoever to post the Content provided by you on the Site and that Shvoong shall have the right to edit and or delete, partially or wholly, the Content provided by you, at any time. You also acknowledge that Shvoong shall be entitled to remove any Content you have posted to the Site at any time, at its sole discretion, even without prior notice to you, and that Shvoong shall not be liable to you in any way for such removal.

It is clarified, that although you remain the owners of rights in the Content, we shall be entitled, at our absolute discretion, to transfer the Content to any third party, without your prior consent, and without any entitlement to any reward on your part with respect to such transfer of the Content as aforesaid.
You hereby declare and acknowledge that content uploaded to the Site by you, is at your sole ownership and responsibility, and you are solely liable to the content of material uploaded and/or sent by you to the Site and/or to any of the services available in the Site. You acknowledge that any material that shall be sent to the Site by you shall be appropriate and shall not affect any right of any third party, including intellectual property rights. You shall not upload to the Site and/or send any material through the Site, including but not only, that constitutes forbidden or banned and/or illegal material and/or material that might offend and/or harass other users in the Site, illegal and/or threatening and/or slanderous and/or defamatory material, abomination and/or pornography and/or racism and/or other advertising and commercial material of any kind, and you shall not act in any way that could cause damage to Shvoong.

You hereby commit to exempt Shvoong, completely, finally, absolutely and irrevocably, from any liability to any damage, loss or any other expenses that may be incurred to the users in the Site and that relate, directly or indirectly, to the Content uploaded to the Site by you. In addition, you hereby commit to compensate and indemnify Shvoong for any damage, loss or expense of any kind, that were or shall be caused to Shvoong and that relate, directly or indirectly, to the Content in the Site; Such compensation and indemnification shall be made by you immediately after Shvoong's first notice to you, and you are hereby irrevocably wave any claim or demand against Shvoong with respect to the said Content.

5. Content Guidelines

All Content, as defined in these Terms of Use, provided by you to be posted on the Shvoong Site shall comply with the following Content Guidelines:

A. You shall avoid the use of direct quotations from the original work in your Content.

B. You shall avoid the use of indirect language copying from the original work in your Content – this means you should not simply say the same thing in different words or change some words from the original work and use others.

C. You should try to keep the number of words used in your Content to a minimum – for example, if you can write the summary in 500 words, do not use 1,000.
D. Where possible, you should use your own structure in writing the Content and do not rely on the structure used in the original work.

E. You are invited to add your own comments which critique and/or review the original work.

F. Where describing characters from an original work you must use your own words to describe them. You shall not use the words of the author of the original work to describe such characters.

G. Where describing characters from an original work you should avoid providing a detailed account of the characters' personal characteristics and mannerisms.

H. Where describing the plot of the original work you should keep the description as general as possible and you should avoid providing a detailed account of the plot.

I. You should always avoid providing a chapter-by-chapter summary of the original work.

J. You shall not write anything derogatory or offensive about the author of an original work or the original work itself.

6. Commissions

Shvoong will receive payments (“Royalties”) from entities which advertise on the Site or from entities which facilitate the advertising of third parties' goods and services on the Site. Shvoong will be happy to pay registered users of the Site a portion of its Royalties, subject to these Terms of Use (the “Commission”).

The total commissions that shall be paid to users that content posted and/or translated by them and/or by others shall be published in the Site, shall be equal to 10% of the Royalties that will actually be received by Shvoong. We shall pay each content supplier and/or translator as aforementioned a commission that shall be derived by the calculation of number of single users that enter the specific page in which the relevant content of that content supplier and/or translator appears.

In the frame of the aforementioned, if you translate any whole piece of Content from the original language of the Content as posted on the Site (the “Original Content”) to another language, and that translation is subsequently posted on the Site, the Commission shall be divided equally between you and the Original Content's supplier.

From time to time Shvoong will publish special Commission opportunities on the homepage of the Site.

Shvoong will notify you when a payment of Commission should be expected by you. Shvoong will pay commissions on a monthly basis by the 5th day of the month, subject to its actual receipt of the Royalties. Commissions shall be paid in US Dollars only to a PayPal account in your name which you will be required to open with the same email address as you have used for your registration with the Site and subject to PayPal's terms and conditions (see www.paypal.com).

Solely in the event that you are not able to open a PayPal account due to your country of residence Shvoong will pay you the Commission by a cheque which we will send to you in your name subject to your provision to us of full contact details, and provided also that such provision of full contact details shall be done by you no later then 4 months from Shvoong's notice to you with respect to your entitlement to the said Commission. Notwithstanding the aforesaid, in such events of payment by cheques, Shvoong will send the cheques on a monthly basis by the 5th day of the month.

Please note, that if a Commission that should be paid to you will not be collected by you within 4 months since our notice to you as mentioned above. Your entitlement to such Commission shall expire and you will have no claim and/or demand against Shvoong in that regard.

In the event that the Commission to be paid to you in any calendar month is less than $10 (the "Minimum Amount"), Shvoong shall not be obligated to make the payment of the Commission to you until such time as the Commission is equal to or greater than the Minimum Amount.

Shvoong shall be entitled to withhold tax on all payments to be made hereunder as required by law or at such other rate as may be authorized in writing by the relevant tax authorities.

You shall be responsible for all of your personal tax which shall be due in consequence of payments of Commissions to be made hereunder.

7. Site Misuse

You are strictly prohibited from posting any Content to the Site which does not fully comply with the Content Guidelines. Further, you are specifically prohibited from taking any action whatsoever on the Site which fraudulently or dishonestly:

(i) manipulates the rank given by Site users as to the quality of the Content in the Site (if such a rank actually exist), or (ii) manipulates the counting of the number of entrances and/or viewings of users in specific content page in the Site, or (iii) manipulates the Commissions due to you or any other person. Shvoong retains the right to review all actions taken by you on the Site and the Commissions earned by you, and in the event that Shvoong reasonably believes that you have breached the foregoing provisions, Shvoong shall be entitled to withhold the payment of Commissions to you and to terminate your registration with the Site and/or with Shvoong.

8. Privacy Policy

You hereby acknowledge that in registering for and using the Site, and in order to receive the Commissions, you may be required to provide us with certain personal details about yourself. While we will keep this information confidential as per the provisions of our Privacy Policy, you agree that it may be necessary, from time to time, for us to disclose certain of these details to third parties and you consent to such disclosures.
Google, as a third party vendor, uses DoubleClick DART cookies to serve ads on www.shvoong.com
Google's use of the DART cookie enables it to serve ads to users based on their visit to Shvoong and other sites on the Internet.
Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

9. Indemnification

To the fullest extent permitted by applicable law, you agree to fully indemnify, defend and hold us, and our officers, directors, employees and agents, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of your use of the Site or your breach of any provision of these Terms of Use or the Content Guidelines or your breach of any third parties' rights and/or by the Content posted by you affecting any right of any third party in any other way.

10. Links

The Site shall contain links to other Internet sites (“Other Sites”). You recognize that Shvoong has no control over the Other Sites and the services, products or goods offered therein and you hereby agree that Shvoong is not responsible for the availability and functionality of the Other Sites; nor does Shvoong make any representations or endorsements whatsoever regarding the services, products or goods offered on the Other Sites. You further acknowledge and agree that Shvoong shall not be responsible or liable for any damage or loss suffered by you in connection with the Other Sites.

11. Cutoff, Termination and Changes

Shvoong may remove contents and/or services from the Site at its sole discretion and without prior notice to you, and amongst others, in the event that Shvoong believes that you have breached any provisions of these Terms of Use we shall have the right to immediately terminate your registration with the Site and/or with Shvoong and consequently you will not be entitled to receive any Commission from Shvoong.

Furthermore, Shvoong may cutoff, restrict, limit or stop the provision of services at any time, including but without derogating, for maintenance or vital or immediate operation in the systems being use by it, in times of national emergencies or for reasons of national security.

Nothing in the cutoff, stop, changes, restriction or limitations as aforementioned shall impose any liability on Shvoong and/or any obligation of any payment whatsoever, and/or to affect any of the users' obligations to act in accordance with these Terms of Use.

12. The Continuance of the Site

Shvoong reserves the right to suspend and/or modify the Site and the services therein from time to time at its sole discretion and without prior notice to you and you shall have no claims whatsoever against Shvoong in relation to such action, if taken. Further, in the event that Shvoong elects to temporarily or permanently discontinue the service offered on the Site and consequently ceases to make payments to you of the Commissions, you shall have no claims against Shvoong in such regard.

13. No Warranty

You agree that your use of the Site and your use of the Content is at your own risk. The Site and all the Content are provided to you “AS IS”. Neither Shvoong nor any of its shareholders, directors, officers or employees make any warranty or representation, whether express or implied, that the Site or the Content is fit for any purpose or is complete or accurate in any way whatsoever.

14. Limitation of Liability

Shvoong does not undertake that the services in the Site shall operate without disruption or interruption or to be provided regulatory and without pauses, and shall function safely and without errors, or shall be immune to unauthorized access to Shvoong's computers or to damages, faults, errs or malfunctions in hardware, software, communication lines and systems, at Shvoong and/or anyone acting on its behalf.

Shvoong is not liable for any claim as to the accessibility of the services on the Site and/or to the Content, form, credibility, reliability, and precision of the Content as specified above, including claims of affect or breach of any intellectual property rights, including trademarks, copyrights and trade secrets, with respect to the Content or to any other use of the Site's users in the Site and/or in the services available in the Site and/or included in it.
As other contents available on the Internet, the Content in the Site is also open to viewing and usage by any other user in the web, and Shvoong is not responsible to its security and/or to other damage and/or loss and/or expenses and/or cost that may be caused to the users in the Site and/or to any third party as a result thereof. 

Shvoong does not edit the Content and/or supervises it and/or other services available in the Site and/or to any third party, and is not responsible to these contents and/or to any result as may arise from relying on the contents and/or using them. Nevertheless, Shvoong reserves the right to edit and/or remove and/or refuse to post contents to the Site, if such contents are found, at Shvoong's sole discretion, to be offensive and/or for any other reason. In addition, Shvoong reserves the right to claim indemnity for any damage caused to it and/or to anyone acting on its behalf and/or to its operators with respect to the Content.

To the fullest extent permitted by applicable law, neither Shvoong nor any of its shareholders, directors, officers or employees shall be liable to you for any loss or damage suffered by you as a consequence of your use of the Site or the Content, whether direct or indirect, even where we have been notified of the possibility of such loss or damage.

15. Declarations and Obligations of the users in the Site

In addition, and without derogating from the aforesaid in these Terms of Use, you herby acknowledge as follows:

* to not use in and/or to post to the Site any content with threatening nature, or that is offensive and/or illegal material or material of blunt sexual nature or that may harm public feelings, and/or illegal material and/or slanderous or defamatory material;

* to not include in the content posted to the Site any material that constitute any damage and/or invasion to privacy, sedition, misleading, breach of intellectual property rights, performers rights, breach of signs of marks and commercial names, patterns, patents etc., breach of any other third parties' rights, civil torts and/or injury or violation of the right to a good reputation, and/or violation of strike to contractual rights and/or fiduciary duties to others and/or breach of any law.

* you are the owners of all intellectual property rights in the content posted by you to the Site, including but without derogating, copyrights.

*  if you should breach copyrights of any kind, or if you are not the legal owners of all rights in the posted content and with respect to such content, you hereby give Shvoong power and authorizing it to release itself from any responsibility and to transfer any claim against it in that regard, to you; Without derogating from the aforementioned, Shvoong may demand indemnification for damages caused to it, from the person and/or entity breaching the rights mentioned above.

* you acknowledge, that the content posted or uploaded by you is at your sole responsibility and you alone shall be liable for the content posted and to any use in such content and/or offense or violation with respect to if.

* you shall compensate and indemnify Shvoong immediately upon Shvoong's request to do so, for any damage and/or loss and/or cost and/or expense, of any kind, including legal expenses, caused or that shall be caused to Shvoong and/to any other third party, and that directly or indirectly relates to the content posted by you to the Site; Such compensation and indemnification shall be made by you upon Shvoong's first notice to you in that regard, and you hereby fully, completely and irrevocably wave any claim or demand towards Shvoong with respect to the said content, the usage of the Site and the said services available in the Site.

16. Governing Law

These Terms of Use and any matters relating hereto shall be governed by, and construed in accordance with the laws of the State of Israel. You hereby irrevocably agree that the relevant courts of Tel-Aviv-Jaffa shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these Terms of Use and any matter arising from there and no other courts shall have any jurisdiction whatsoever in respect of such disputes and you irrevocably waive any right that you may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

17. General

(i) If any provision of these Terms of Use is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms of Use and the remainder of the provision in question shall not be affected.

(ii) No waiver by us of any provision of these Terms of Use shall be construed as a waiver of any preceding or succeeding breach of any terms of these Terms of Use.

(iii) Unless otherwise expressly stated, nothing in these Terms of Use shall create or confer any rights or any other benefits to third parties.

(iv) These Terms of Use have been translated to various languages. In the event of a discrepancy between the translated versions of these Terms of Use, the English language version shall prevail.

(v) These Terms of Use together with the Content Guidelines and Privacy Policy contain the entire agreement between you and us relating to your use of the Site.