Introduction and
Applicability. These
Turnitin Website Terms of Use (“TOU”) apply to websites (collectively, “Websites”)
owned and operated by Turnitin, LLC (“Turnitin,” “we,” “us,” and “our”). It does not apply to our web-based education services,
which are governed by terms at this link. These TOU
set the rules for how visitors (“you,” “your”) may interact with our Websites.
Your Representations. You represent
that you (a) are of a legal age sufficient to agree to these TOU in accordance
with applicable law, (b) have read, understood, and agree to be bound by these
TOU, and (c) have all rights, permissions, and authorizations necessary to
upload and provide for us to use as contemplated under these TOU all documents,
graphics, content, and other materials uploaded by you to the Website
(collectively, “Content”).
Intellectual
Property. You acknowledge that: (i) the Website, including all trademarks, service
marks, logos, documents, graphics, content, and/or other materials viewed or obtained from or through the Website (collectively “Website
Materials”), are owned and/or licensed by Turnitin and are protected by
copyright and other intellectual property rights; and (ii) you have no rights
to transfer, reproduce, or prepare any derivative works with respect to the
Website Materials, or to disclose confidential information pertaining to the
Website or Website Materials. These
TOU do not convey any rights of ownership in or related to the Website, Website
Materials or other intellectual property owned by Turnitin.
License. Turnitin grants you a personal, revocable, non-exclusive, non-transferable,
limited right and license to access the Website provided that you comply with
these TOU. You do hereby grant us a
non-exclusive, perpetual, royalty-free, fully paid-up worldwide right and
license to use your Content to operate our business and furnish the Website to
you. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish,
license, transfer, sell, scrape, mirror, or frame any Website Materials.
Use of this Website. The Website
and Website Materials are provided solely for your own informational purposes.
Any unauthorized use, including without limitation any commercial use, is
prohibited. You agree not to use the Website
or Website Materials for any purpose that is unlawful or prohibited by these TOU,
or any other purpose not reasonably intended by Turnitin. You further agree to
abide by all applicable local, state, national and international laws and
regulations. Without limiting the generality of the foregoing, you will not, nor
will you allow a third party to:
(a)
Upload, post, e-mail or otherwise transmit any Content
that:
i. is unlawful, harmful, threatening, intimidating, abusive,
harassing, tortuous, defamatory, derogatory, vulgar, explicit, obscene,
libelous, invasive of another’s privacy, disrespectful, hateful, or racially,
ethnically or otherwise objectionable;
ii. you do not have the right to transmit under applicable
law or under contractual or fiduciary relationships;
iii. infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
iv. contains software viruses or worms or any other computer
code, files or programs designed to disable, interrupt, destroy, redirect,
monitor another user’s usage, limit or otherwise inhibit the functionality of
any computer software or hardware or telecommunications equipment;
(b)
assign, sublicense,
rent, timeshare, loan, lease or otherwise transfer the Website or Website
Materials, or directly or directly grant access to or permit any unauthorized
party to access or use the Website or Website Materials;
(c)
decompile, disassemble,
reverse engineer, copy, modify or create derivative works from the Website;
(d)
impersonate any person
or entity, including another user of the Website, or provide false information;
(e)
view or attempt to view
records or Content submitted by another user of the Website, except Content
made available in our Public Areas (as defined below);
(f)
use automated systems
(e.g., robots, spiders, etc.) to access the Website;
(g)
Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content on or transmitted through the
Website;
(h)
discuss or incite
illegal activity or solicit/post sexually explicit images;
(i)
Interfere with or disrupt the Website or servers or
networks connected to the Website, or disobey any requirements, procedures,
policies or regulations of networks connected to the Website;
(j)
Harvest, scrape,
programmatically crawl, or collect any Website Materials; or
(k)
remove any proprietary notices (e.g.,
copyright and trademark notices) from either the Website or Website Materials.
User Content and Feedback. The Website may contain areas in which you may make statements,
comments, post reviews, or otherwise provide Content (“Public Areas”). By using these Public Areas, you acknowledge
and agree that the Content you provide may be available to other users. Turnitin is not liable for any such Content. Although Turnitin has no obligation to
screen, edit or monitor any Content, Turnitin reserves the right to remove,
edit or refuse to post Content in its sole discretion. You may also provide us with Content that
constitutes suggestions, comments or other feedback about our products and
services (“Feedback“). Feedback is voluntary.
We may use Feedback for any purpose without obligation of
any kind in
connection with our business, including for the purpose of enhancing our
products, services and the Website.
Privacy. We are committed to maintaining the privacy of personal
information you submit through the Websites, and maintain a Website Privacy
Policy, which may be viewed at this link. Turnitin reserves the right to modify
the Website Privacy Policy in accordance with the procedure outlined in that
policy.
Changes to the
Website. We may, in our sole discretion, add, change, discontinue or remove any
portion or functionality of a Website at any time, or the Website as a whole, without
notice.
Links. The
Website may contain links allowing you to go to websites or other online
services, including social networks, that are not under our control (“Linked
Sites”). Any such Linked Sites are provided for your convenience, and inclusion
of links on the Website does not suggest any association, sponsorship, or
endorsement of those Linked Sites. We
are not responsible for the content or transmission of any Linked Site or for
ensuring that the Linked Sites are error and/or virus free. These TOU and the Website Privacy Policy do not
apply to the Linked Sites. Linked Sites may
be subject to their own terms of use and privacy policies, and we encourage you
to read them.
Indemnification. To the extent
permissible by law, you will indemnify, defend, and hold harmless Turnitin and
its parents, subsidiaries, affiliates, officers, directors, managers,
employees, agents, vendors, merchants, sponsors, providers, and licensors from
any and all losses, deficiencies, judgements, damages, liabilities, costs, and
expenses (including but not limited to reasonable attorneys’ fees and all
related costs and expenses) incurred by them as a result of any claim, lawsuit,
demand, cause of action, or proceeding brought by a third party arising from
any or all of the following: (i) your access, inability to access, or use of our
Website; (ii) any of your Content; (iii) breach of any of your obligations,
representations, or warranties in these TOU; or (iv) your violation of any
rights of another person.
DISCLAIMER OF
WARRANTIES. OTHER THAN AS EXPRESSLY SET OUT HEREIN, THE WEBSITE AND WEBSITE
MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS,
AND WITHOUT WARRANTY OF ANY KIND.
TURNITIN, ITS SUPPLIERS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO ANY WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND TITLE. NO WARRANTY IS MADE THAT THE WEBSITE WILL BE
TIMELY, SECURE OR ERROR-FREE. IN JURISDICTIONS NOT ALLOWING THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, TURNITIN’S WARRANTY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY CALIFORNIA LAW.
LIMITATION OF LIABILITY. REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, TO THE EXTENT
ALLOWED BY CALIFORNIA STATE LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT IN NO
EVENT WILL TURNITIN OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR
LICENSORS, BE LIABLE FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES,
DATA AND PROFITS, OR OTHER INTANGIBLE LOSSES, EVEN IF TURNITIN HAS BEEN ADVISED
AS TO THE POSSIBILITY OF SUCH DAMAGES; OR (III) TOTAL CUMULATIVE LIABILITY
ARISING UNDER OR RELATED TO THE WEBSITE, WHETHER IN CONTRACT, TORT OR
OTHERWISE, IN EXCESS OF THE AMOUNTS PAID TO TURNITIN FOR ACCESS OR USE OF THE
WEBSITE ON YOUR BEHALF DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE
EVENT GIVEN RISE TO LIABILITY. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS TURNITIN’S
LIABILITY UNDER TH AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW. YOU UNDERSTAND AND AGREE
THAT YOUR USE OF THE WEBSITE IS PREDICATED
UPON YOUR WAIVER OF ANY RIGHT TO SUE TURNITIN, ITS OWNER OR ITS AFFILIATES
DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES
RESULTING FROM YOUR USE OF THE WEBSITE.
IN ALL CASES, NEITHER TURNITIN NOR ITS SUPPLIERS NOR
DISTRIBUTORS ASSUME ANY RESPONSIBILITY OR
LIABILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITE OR WITH RESPECT TO WEBSITE
MATERIALS, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE WEBSITE’S
ACCESSIBILITY, ANY LOSSES OR DAMANGES ARISING FROM THE USE OF THE WEBSITE OR
WEBSITE MATERIALS, ANY CONDUCT BY OTHER USERS OF THE WEBSITE, OR UNAUTHORIZED
ACCESS TO OR USE OF THE WEBSITE, WEBSITE MATERIALS OR SERVERS.
Notices. Any notices to you from Turnitin regarding the Website or
these TOU will be posted on this Website or made by e-mail or regular mail.
Applicable Law; Jurisdiction and Venue. We control our
Website from our offices within the United States. We make no representation
that the Content on our Website is appropriate, legal or available for use in
other locations. You may not use or export the Content in violation of United
States export laws and regulations. Any claim relating to our Website, Website
Materials, the services provided through our Website or the Content shall be
governed by the laws of California, without reference to its choice of law
provisions. If there is a dispute between you and us, you expressly agree that
exclusive jurisdiction and venue reside in the state and federal courts located
in Oakland, California.
Severability. If any of the part
of these TOU is determined to be invalid or unenforceable pursuant to applicable
law, including, but not
limited to, the warranty disclaimers and the liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most clearly matches the intent of the
original provision and the remainder of these TOU shall continue in effect.
Assignment. Turnitin is permitted to
assign, transfer, and subcontract its rights and/or obligations under these TOU
without any notification. However, you are not allowed to assign, transfer, or
subcontract any of your rights and/or obligations under these Terms.
Digital Millennium Copyright Act.
If you believe that any Website Materials or Content infringes
your copyright, you (or your agent) may send us notice requesting that such
Website Materials or Content be removed. Notice must be provided in writing and
must include the following information:
a. A signature of the person authorized to act on
behalf of the owner of the copyright interest;
b. Identification of the copyrighted work that
you claim has been infringed;
c. The location of the work you claim is
infringing (e.g., URL) or enough detail that we may find it;
d. Your name, address, telephone number, and
e-mail address;
e. A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
f. A statement, made under penalty of perjury,
that the information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Notices must be sent to: General
Counsel, Turnitin, 2101 Webster Street, Suite 1900, Oakland, CA 94612
Modification. Turnitin reserves the right, in its
sole discretion, to change these TOU at any time. We will provide notice to you of any changes
by posting notice on this Website or otherwise as legally required. The “last updated” date indicates when the TOU were last
revised. Your continued use of the Website after the TOU have been updated
constitutes your agreement to any updated terms.
If you have any questions regarding these TOU,
please contact us at legal@turnitin.com.