Welcome to Scholar®. Please feel free to browse, enjoy, and learn. Blackboard Inc. ("Blackboard") provides its services to you, subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice to you.
You can review the most current version of our TOU at any time through http://www.Scholar.com/TOU. Blackboard may offer other services from time to time that may governed by different Terms of Use.
By accessing, browsing, and using the Scholar services, you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use the Scholar services.
The Scholar services comprise the Scholar channel ("Services"). Blackboard may add additional features to the current Services, change or eliminate features, change nomenclature, and make other changes at any time which will be subject to these TOU.
You acknowledge and agree that the Services are provided "AS IS" and that Blackboard assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalizations.
In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You understand and agree that the Services may include advertisements and these advertisements are necessary for Blackboard to provide its Services. You also understand and agree that the Services may include certain communications from Blackboard, including service announcements and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.
The Scholar channel is a social networking service that allows users to publish resources, share them with other users, and discover resources shared by other users. Blackboard offers accounts on the Scholar channel to users who have valid accounts on Blackboard products with the appropriate Building Block or PowerLink installed.
Because like you, we are Internet users concerned about privacy, we also are concerned about your right to privacy while accessing Scholar and using the Services. Please take the opportunity to review our PRIVACY POLICY.
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), and (b) maintain and promptly update Your Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blackboard has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blackboard has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof.
To use the Services, you will need to register with the Scholar channel and obtain an account and password. The information you provide Blackboard during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s) and password(s). Furthermore, you are responsible for all activities, charges, and liabilities associated with your account(s). You must immediately notify Blackboard of any unauthorized use of your account(s), and you are responsible for any unauthorized charges made on or through your account(s) until Blackboard receives such notification. You may not transfer your account(s) to another person. In cases where you have authorized or registered another individual, including a minor, to use your account(s), you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse. In the event that you are a minor, Blackboard reserves the right to provide access to your account to your parents, guardian or other authorized adult, upon such adult's request. For additional information on how we use your information, please see our PRIVACY POLICY. Your obligations with respect to registration are described below.
If you reside outside the United States, upon registration you will be indicating your explicit consent that the personal information you have provided may be transferred and stored in other countries, including the United States. If you fail to provide your consent, you will not be permitted to access the Services for which registration is required. Your personal information shall only be used in accordance with Blackboard's PRIVACY POLICY.
You will receive a password and account designations upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user identification, and are fully responsible for all activities that occur under your password or user identification. You agree to (a) notify Blackboard of any unauthorized use of your password or user identification and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Blackboard cannot and will not be responsible for any loss or damage arising from your failure to comply with this section.
Any Content that you upload or otherwise make available ("User Content") as part of the Services, is and remains your sole property or the property of your licensors. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted Blackboard, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content to Scholar. You also permit any other user of Blackboard with access to that Services, subject to your restrictions, to access, view, store, and reproduce the User Content to the same extent permitted herein.
You acknowledge that the Services, any underlying technology used in connection with Scholar and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within Scholar are provided by Blackboard or third-party providers and are the copyrighted works of Blackboard and/or such third parties. Except as expressly authorized by Blackboard or such third parties in this TOU or as may be posted on the Services, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You may not store any significant portion of any Content or the Services owned by, or licensed to Blackboard in any form, whether archival files, computer-readable files, or any other medium. Except for data you receive from an RSS feed, you also may not "mirror" any Content or the Services on any other server. We encourage you to download and print a reasonable number of copies of Content for noncommercial personal or educational use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to Blackboard and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by Blackboard or the third-party provider on the Web page containing the applicable Content. You acknowledge that Blackboard and/or third-party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
Some links on Scholar lead to sites posted by independent site owners. Because Blackboard has no control over these sites, Blackboard is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, Blackboard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any User or other Content, goods, or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Blackboard and the linked sites. Blackboard is an independent operating company and reference to other companies do not imply any partnership, joint venture, or other legal connection where Blackboard would be responsible for the actions of their respective owners.
You may only access Scholar and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not: (i) use the Services to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States; (ii) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content; (iii) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit; (iv) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (v) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services; (vi) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges; (vii) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship; (viii) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes"; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (x) collect or store personal data about other users; (xi) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of Scholar or the Services; (xii) harm minors in any way; (xiii) stalk or otherwise harass another; or (xiii) collect or store personal information about other users without their permission.
You acknowledge that Blackboard does not pre-screen User Content, but that Blackboard shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available through the Services. Without limiting the foregoing, Blackboard has the right to remove any User Content that violates the TOU or is otherwise objectionable. You agree and acknowledge that Blackboard may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the TOU, respond claims that any User Content violates the rights of third parties or protect the rights, property or personal safety of Blackboard, its users and the public.
BLACKBOARD IS NOT RESPONSIBLE FOR ANY INFORMATION OR CONTENT CONTAINED WITHIN OR ASSOCIATED WITH SCHOLAR AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON SCHOLAR FOR ANY PURPOSE OR AUDIENCE OR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS, OR CURRENTNESS. ALL SUCH INFORMATION IS SOLELY PROVIDED BY THIRD PARTIES OR OTHER USERS OF THE SERVICES.
YOU AGREE THAT YOUR ACCESS TO SCHOLAR, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER BLACKBOARD, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES.
SCHOLAR AND THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL BLACKBOARD OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF BLACKBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS SCHOLAR OR USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BLACKBOARD'S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES BLACKBOARD'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TOU SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF BLACKBOARD.
You agree to indemnify and hold Blackboard, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the TOU.
Scholar, Blackboard Scholar, Scholar.com, the Scholar logo, Bb (design), Blackboard®, Blackboard (digital design and word), Blackboard.com®, Blackboard.com (design and word), My Blackboard®, Powered by BlackboardSM, Powered by Blackboard (design and word), Blackboard logos, and the unique trade dress of Scholar and Blackboard.com® are the trademarks, service marks, trade dress, and logos of Blackboard Inc. All other trademarks, service marks, trade dress, and logos used in Scholar and the Services are the trademarks, service marks, trade dress, and logos of their respective owners.
The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the copyright law to provide limitations for service provider liability relating to material online. In compliance with such Act, Blackboard has registered a Designated Agent with the United States Copyright Office to receive notice of alleged copyright infringements contained on the Blackboard Services. All inquiries into alleged copyright infringement on the Blackboard Services should be sent to Blackboard, c/o Teresa Frazier, 1899 L Street, N.W., 5th Floor, Washington, D.C. 20036.
Blackboard controls and operates Scholar from its headquarters in the United States and makes no representation that the Content is appropriate or available for use in other locations. If you use Scholar from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on the Scholar are solely directed to individuals, companies, or other entities located in the United States.
Blackboard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, with or without notice, Scholar or the Services (or any part thereof) or any User Content associated therewith. You agree that Blackboard will not be liable to you or to any third party for any modification, suspension, or discontinuance of Scholar, the Services or the User Content.
You may discontinue your participation in and access to the Services at any time. The TOU will continue to apply to all past use of the Services by you, even if you are no longer using them. You acknowledge and agree that Blackboard and its affiliates may terminate or block your use of all or part of the Services and Scholar without prior notice for any reason, including, without limitation, if Blackboard believes you have engaged in conduct prohibited by this TOU. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services and may bar your access to Scholar and use of the Services.
By accessing Scholar, you agree to the above stated TOU. This Agreement is entered into in the District of Columbia and shall be construed in accordance with the laws of the District of Columbia, exclusive of its choice of law rules. Each party to this TOU submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the District of Columbia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this TOU, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of this TOU are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect. This TOU and any posted guidelines or rules applicable Scholar constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of the TOU to webmaster@blackboard.com.