1. Your Acceptance
By using and/or
visiting this website (collectively, including all Content available through the
Oxdia.com domain name, the "Oxdia Website", or "Website"), You
herein by reference. If you do not agree to any of these terms, then please do
not use the Oxdia Website.
2. Oxdia Website
These Terms of
Use apply to all users of the Oxdia Website, including users who are
also contributors of content, information, and other materials or services on
the Website. The Oxdia Website may contain links to third party websites
that are not owned or controlled by Oxdia. Oxdia has no control
over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party websites. In addition, Oxdia will not and
cannot censor or edit the content of any third-party site. By using the Website,
you expressly relieve Oxdia from any and all liability arising from your
use of any third-party website. Accordingly, we encourage you to be aware when
you leave the Oxdia Website and to read the terms and conditions and
3. Website Access
hereby grants you permission to use the Website as set forth in this Terms of
Use, provided that: (i) your use of the Website as permitted is solely for
your personal, noncommercial use; (ii) you will not copy or distribute any part
of the Website in any medium without Oxdia's prior written
authorization; (iii) you will not alter or modify any part of the Website other
than as may be reasonably necessary to use the Website for its intended purpose;
and (iv) you will otherwise comply with the terms and conditions of these Terms
B. In order to
access some features of the Website, you will have to create an account. You may
never use another's account without permission. When creating your account, you
must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account
password secure. You must notify Oxdia immediately of any breach of
security or unauthorized use of your account. Although Oxdia will not be
liable for your losses caused by any unauthorized use of your account, you may
be liable for the losses of Oxdia or others due to such unauthorized
C. You agree not
to use or launch any automated system, including without limitation, "robots,"
"spiders," "offline readers," etc., that accesses the Website in a manner that
sends more request messages to the Oxdia 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. Notwithstanding the foregoing, Oxdia
grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly available
searchable indices of the materials, but not caches or archives of such
materials. Oxdia reserves the right to revoke these exceptions either
generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any commercial
solicitation purposes. You agree not to solicit, for commercial purposes, any
users of the Website with respect to their User Submissions.
D. Each institution (ie. university or college) supported by Oxdia has its own section separate from the other institutions.
You must be or have been a member of the institution in order to register for the section under that institution.
You acknowledge that if you are not a member of the institution, you should not attempt to gain access to its respective section and to the materials posted under that institution.
4. Intellectual Property Rights
The content on
the Oxdia Website, except all User Submissions (as defined below),
including without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Content") and the
trademarks, service marks and logos contained therein ("Marks"), are owned by or
licensed to Oxdia, subject to copyright and other intellectual property
rights under United States and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and
personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of the
respective owners. Oxdia reserves all rights not expressly granted in
and to the Website and the Content. You agree to not engage in the use, copying,
or distribution of any of the Content other than expressly permitted herein,
including any use, copying, ordistribution of User Submissions of third parties
obtained through the Website for any commercial purposes. If you download or
print a copy of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the Oxdia
Website or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the Oxdia Website or the Content
5. User Submissions
A. The Oxdia
Website may now or in the future permit the submission of study materials or other
communications submitted by you and other users ("User Submissions") and the
hosting, sharing, and/or publishing of such User Submissions. You understand
that whether or not such User Submissions are published, Oxdia does not
guarantee any confidentiality with respect to any submissions.
B. You shall be
solely responsible for your own User Submissions and the consequences of posting
or publishing them. In connection with User Submissions, you affirm, represent,
and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Oxdia to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any and
all User Submissions to enable inclusion and use of the User Submissions in the
the written consent, release, and/or permission of each and every identifiable
individual person in the User Submission to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use of the
User Submissions in the manner contemplated by the Website and these Terms of
Use. For clarity, you retain all of
your ownership rights in your User Submissions. However, by
submitting the User Submissions to Oxdia, you hereby grant Oxdia
a worldwide, non-exclusive, royalty-free, sublicenseable and transferable
license to use, reproduce, distribute, prepare derivative works of, display, and
perform the User Submissions in connection with the Oxdia Website and
Oxdia's (and its successor's) business, including without limitation for
promoting and redistributing part or all of the Oxdia Website (and
derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Oxdia Website a non-exclusive
license to access your User Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works of, display and perform such
User Submissions as permitted through the functionality of the Website and under
remove or delete a User Submission from the Oxdia Website.
In connection with User Submissions, you further
agree that you will not: (i) submit material that is copyrighted, protected by
trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the material and to grant Oxdia
all of the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage Oxdia or any third party; (iii)
submit material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post
advertisements or solicitations of business: (v) impersonate another person.
Oxdia does not endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and Oxdia expressly
disclaims any and all liability in connection with User Submissions. Oxdia
does not permit copyright infringing activities and infringement of
intellectual property rights on its Website, and Oxdia will remove all
Content and User Submissions if properly notified that such Content or User
Submission infringes on another's intellectual property rights. Oxdia
reserves the right to remove Content and User Submissions without prior notice.
Oxdia will also terminate a User's access to its Website, if they are
determined to be a repeat infringer. A repeat infringer is a User who has been
notified of infringing activity more than twice and/or has had a User Submission
removed from the Website more than twice. Oxdia also reserves the right
to decide whether Content or a User Submission is appropriate and complies with
violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. Oxdia
may remove such User Submissions and/or terminate a User's access for uploading
notice and at its sole discretion.
D. In particular,
if you are a copyright owner or an agent thereof, please consult our Content Removal Policy
for procedures on removing materials to which you have copyrights.
E. You understand
that when using the Oxdia Website, you will be exposed to User
Submissions from a variety of sources, and that Oxdia is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You further understand and acknowledge that
you may be exposed to User Submissions that are inaccurate, offensive, indecent,
or objectionable, and you agree to waive, and hereby do waive, any legal or
equitable rights or remedies you have or may have against Oxdia with
respect thereto, and agree to indemnify and hold Oxdia, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent
allowed by law regarding all matters related to your use of the site.
F. Oxdia aims to improve students academic success and reserves the right to remove any User Submission that is deemed to be detrimental to students learning. Such User Submissions include but are not limited to materials that promote cheating, plagiarism, fabrication and other academic dishonesties.
6. Free Use
A. Oxdia currently offers free membership. At its discretion, Oxdia shall provide its users with administration and storage capacities. It is entitled to temporarily prohibit the saving of new files, set limits for the maximum possible file sizes, to limit the transfer speed and to limit the maximum number of downloads per period.
B. Oxdia may give Oxdia points or money credits in exchange for services rendered by users of Oxdia. Such services include but are not limited to efforts used in inviting potential new users, work performed in sharing User Submissions and actions that improve the Oxdia community. No Oxdia points or money credit is given in exchange for a User Submission. The amount of Oxdia points or money credits rewarded for services rendered by users is subject to change at the discretion of Oxdia.
C. You may spend Oxdia points to exchange for services rendered by the Oxdia. These services include but are not limited to file-transfer bandwidth provided by Oxdia's website and procedures performed by Oxdia's software. Bandwidth usage and running of Oxdia software occur during download of any User Submission.
7. Optional services which incur a Charge
A. You have the option of expanding their accounts with a payable package including purchasing of Oxdia points. As described in 6C, the Oxdia points may be used to exchange for services rendered by Oxdia. Oxdia provides information on the oxdia.com website about available packages, the services contained within the packages, the prices and payment options and additional usage conditions of each package. Oxdia is entitled to remove individual packages at any time, to change the services contained within the packages or to offer new packages as part of its services.
B. You acknowledge and agree that any credit of monetary value given to you or monies deposited by you in your account are held in trust by Oxdia on your behalf.
C. If an account remains inactive (i.e. no logging-in) for 12 months, it will enter a dormant state with minimal maintenance. All monetary balances, if any, will be permanently converted to Oxdia point. The user may reativate the account by signing in and follow the reactivation procedures. After reactivation, the account will be fully functional once again.
8. Warranty Disclaimer
YOU AGREE THAT
YOUR USE OF THE OXDIA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, OXDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
WEBSITE AND YOUR USE THEREOF. OXDIA MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY
ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE OXDIA WEBSITE. OXDIA DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OXDIA WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OXDIA
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
9. Limitation of Liability
IN NO EVENT SHALL
OXDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OXDIA WEBSITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW IN THE APPLICABLE JURISDICTION.
ACKNOWLEDGE THAT OXDIA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is
controlled and offered by Oxdia from its facilities in the United States
of America. Oxdia makes no representations that the
Oxdia Website is appropriate or available for use in other locations.
Those who access or use the Oxdia Website from other jurisdictions do so
at their own volition and are responsible for compliance with local law.
You agree to
defend, indemnify and hold harmless Oxdia, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of and
access to the Oxdia Website; (ii) your violation of any term of these
without limitation any copyright, property, or privacy right; or (iv) any claim
that one of your User Submissions caused damage to a third party. This defense
of the Oxdia Website.
You affirm that
you are either more than 18 years of age, or an emancipated minor, or possess
legal parental or guardian consent, and are fully able and competent to enter
into the terms, conditions, obligations, affirmations, representations, and
as the Oxdia Website is not intended for children under 13.
If you are under 13 years of age, then please do
not use the Oxdia Website - there are lots of other great web sites for
you. Talk to your parents about what sites are appropriate for you.
These Terms of
Use, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by Oxdia without restriction.
No waiver of any
waiver of such term or any other term, and Oxdia's failure to assert any
such right or provision. Oxdia reserves the right to amend these Terms
of Use at any time and without notice, and it is your responsibility to
assent to and acceptance of its revised terms. YOU AND OXDIA AGREE THAT
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OXDIA WEBSITE MUST
COMMENCE WITHIN ONE (1) WEEK AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.