Essays.org Terms of Use

Last Updated: 6/12/2008

1. This is contract between you and Essays.org

The Essays.org is on-line web system that allows you to sell, buy or exchange various study materials.

This is a contract between you and Essays.org represented by Vladimira Tomaskova (located at Zizkova 120, 25092 Sestajovice, Czech Republic) or by one of an Essays.org affiliate. We will refer to ourselves in this contract as either "Essays.org," "we", "our" or "us." You are an individual person. You must be at least 18 years old. The facts you give us must be complete and correct. This contract covers your use of the Essays.org system, and includes any other related services, software, machines, support, study materials, content and other media. We refer to these all as the "Service", "Material" or "Essays.org."

This contract limits our liability and we do not provide warranties for the Essays.org. The contract also limits your remedies.

2. How and When You May Use the Essays.org

You may start using the Essays.org as soon as you enter the Essays.org site. We provide the Essays.org for your personal use. Only you may use your Essays.org account. You may not authorize any third party to access or use the service on your behalf. You will keep your user account password secret. You may not use the Essays.org for commercial purposes or in a way that is against the law. You will promptly notify us if you learn of a security breach related to the service. You may not use Essays.org in a way that harms us, our affiliates or any customer of an Essays.org. We may tell you about certain specific harmful uses in a code of conduct or other notice available through the Essays.org. We have, however, no duty to do so. You will obey any codes of conduct or other notices we provide.

3. How You May Not Use the Service.

In using the service, you may not:
- use the service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the "Essays.org parties"), or any customer of an Essays.org
- engage in, facilitate, or further unlawful conduct
- use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam")
- use any automated process or service to access or use the service (such as a BOT, a spider, periodic caching of information stored by Essays.org, or "meta-searching")
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service
- damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service
- resell or redistribute the service, or any part of the service
- access or attempt to access any part of the service by any means other than through the interface that is provided by the Essays.org site, without specific written agreement with the Company.

4. Your Responsilities.

You are responsible for all activity under your Essays.org account. You are responsible for keeping confidential any password for your Essays.org account. You must tell us right away about anyone using your account without your consent, or any security breach that relates to the Essays.org.

You agree to use the service only for purposes that are permitted by any applicable law, regulation or generally accepted practice or guideline in the relevant jurisdictions, which includes any laws regarding the export of data to and from your host country or other relevant countries.

You agree that you are liable for any direct or indirect damages that occur by breeching of any part of this contract and you are responsible for the consequences of any such breach, including any loss or damage which the Essays.org, its agents, or third parties may suffer.

5. Materials You Post or Provide.

You are able to submit materials to Essays.org that are defined as study materials (essays, term papers, book reports, etc.)

We do not claim ownership of the materials you post or otherwise provide to us (including feedback, comments and summary) related to the Essays.org (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public permission to use, copy, distribute, display, and modify your submission, each in connection with the Essays.org, and to publish your name in connection with your submission. You also give the public permission to grant this permission to other persons. This section only applies for legal content, and to the extent that use and publishing of such legal content does not breach the law. For each submission, you must have all rights necessary for you to grant the permissions in this section.

We have the right to not accept any material posted by you into the Essays.org system without any reason. Moreover, we have the right to not provide the already submitted material to the public (removal from the public Essays.org site) and refund points or any other benefit we provide you for such material if you breach any part of this agreement or if one of the following circumstances occur:

- The material contains vulgarisms
- The material contains advertisement or any other kind of commercial activity
- The material contains illegal content
- The material is published on another internet site
- Any third party claims the legality or ownership of the material
- The material contains different content than proclaimed in summary of the essay
- The material is not recognized by us as study material

6. Materials you obtain from Essays.org

The Material on the Web Site contains inaccuracies and typographical errors. The Essays.org makes no representations about the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the service and the material. You expressly agree that any use of the service and the material is entirely at your own risk.

7. Essays.org Points

You can participate in the Essays.org Points service. Essays.org Points is services under which you can acquire Points and redeem those Points for certain online services and products. You can see how many Points you have by logging into Essays.org system. You can obtain selected services or products that we elect to offer in exchange for Points. You can do this by redeeming your Points as indicated in the particular messaging you see for those offers.

You can acquire Points in a variety of ways. For example, you can purchase Points, or you can obtain Points by doing certain actions. You can earn Points only for actions you actually complete. You are responsible for any tax consequences that may result from your participation in the Points service.

Points does not have monetary value. However we may redeem your points for EURO currency. The existence of a particular offer available for Points redemption is not a commitment by us to maintain or continue to make the offers in the future.

Actual exchange rate of redemption of points to EURO currency is available in "bonus" section of Essays.org. If we change the exchange rate, then we will tell you at least 15 days before the change is in force. We will tell you of the change by e-mail or online posting. We may also use other ways that we believe will reach you. If you do not agree to such change, then you must notice us about it and stop using the Essays.org before the change is in force. If you do not stop using the Essays.org and you do not notice us, then your use of the Essays.org will continue under the changed exchange rate.

We may further restrict the Points redemption if we suspect fraudulent, abusive or unlawful activity on your Points balance. We may also restrict the Points redemption based on your country of residence. The scope, variety and type of online services and products that you may obtain by redeeming Points can change at any time without notice.

We may cancel, suspend or otherwise limit your access to your Points balance if we suspect fraudulent, abusive or unlawful activity on your Points balance. Moreover we may remove the Points you obtain by such suspected fraudulent, abusive or unlawful activity. Once we remove Points from a balance, we will not reinstate them, except at our discretion. When we cancel, suspend or otherwise limit access to your Points balance, your right to use your Points balance immediately ceases. We will use reasonable efforts to investigate Points balances that are subject to access limitations and to reach a final decision on the limitations promptly.

We may limit your use of the Points service, including applying limits to: the number of Points you may have credited to your Points balance at one time, the number of Points you may redeem or obtain within a given time period (for example, one day), and the number of promotion Points you may obtain in a single event.

If we post Points to your balance for an activity that is subsequently voided, canceled or involves a returned item, then we will remove those Points from your balance. You must ensure that we properly post your Points to your Points balance. If you believe that you have validly acquired Points that we have not posted to your Points balance, we will not consider posting these Points unless you contact us within 1 week after the date you claimed to have acquired those Points. We may require reasonable documentation to support your claim.

8. Payment terms.

8.1 Charges.
This section 7 applies in all situations in which you directly pay us. If you pay a company other than us for the service, then the charges and billing terms are as stated by the other company.

8.2 Payment.
All payments from you to Essays.org are provided by our contractors. You must obey all terms stated by the contractor company.

8.3 Payments to You.
Your right to any payment due you under a service is conditioned upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment). We will use reasonable efforts to tell you what information we require in advance of your use of the applicable service. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions we place on your right to any payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts to do this.

Any payments are done on ad-hoc basis. Whenever you want to receive payment from essays org you must contact our financial department.

8.4 Trial Period Offers.
You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.

8.5 Prices and Price Increases.
The price for the service includes taxes and other charges, unless stated otherwise. However, you are responsible for any taxes that you are obligated to pay according to your local law. You are responsible for all other charges. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.

If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.

8.6 Refund Policies.
Unless otherwise provided by law or in connection with any particular service offer, all charges are non-refundable, and the costs of any returns will be at your expense.

8.7 Online Statement.
If you are registered user, we will provide you with an online point statement. This is only oriental statement that we provide. It may not be used as any legal argument.

8.8 Canceling the Service.
You may cancel the service at any time, with or without cause. Certain service offers may require cancellation charges, and you will pay all cancellation charges.

9. How We May Change the Contract.

If we change this contract, then we will tell you at least 15 days before the change is in force. We will tell you of the change by e-mail or online posting. We may also use other ways that we believe will reach you. If you do not agree to such changes, then you must cancel and stop using the Essays.org before the changes are in force. If you do not stop using the Essays.org, then your use of the Essays.org will continue under the changed contract.

10. WE MAKE NO WARRANTY.

We provide the Essays.org "as-is," "with all faults" and "as available." The Essays.org gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

The Essays.org and its suppliers make no warranties as to the accuracy, reliability, completeness, or timeliness of the services, text, graphics and links.

No information, whether oral or written, provided by the Company or through the Web Site shall create any warranty not expressly stated in the Terms of Use.

The Essays.org is not responsible for the content of linked third-party sites and does not make any representations on the content or accuracy of materials on such third-party web sites. The Essays.org has no control over such sites, and you agree that the Essays.org is not responsible for the availability of such external sites. The Essays.org does not endorse and is not responsible or liable for any services or materials on or available from external sites. You agree that the Essays.org is not responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of any external site. If you decide to access linked third-party web sites, you do so at your own risk.

The Essays.org makes no claims the service is appropriate for any particular purpose or audience, or that they may be downloaded outside of the Czech Republic. Access to the service may not be legal by certain persons or in certain countries. The Company is not responsible for any damages, claims or injuries that may result from unlawful or inappropriate access to the service.

11. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.

Your use of the service is at your own risk. If you are dissatisfied with any of the materials, services or other contents of the Web Site or with these Terms of Use, your sole and exclusive remedy is to discontinue use of the service.

You can recover from the Essays.org only direct damages up to an actual amount of points on your Essays.org account directly bought or earned by submitting of your study materials, minus the direct or indirect cost of the refund process that may arise to us. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to:

- any matter related to the Essays.org
- any matter related to content (including code) on third party Internet sites, third party programs or third party conduct
- any matter related to viruses or other disabling features that affect your access to or use of the Essays.org
- any matter related to incompatibility between the Essays.org and other services, software and hardware
- any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Essays.org
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if:

- this remedy does not fully compensate you for any losses, or fails of its essential purpose
- Essays.org knew or should have known about the possibility of the damages

12. Changes to the Essays.org; Our Cancellation of Access to Essays.org

We may change the Essays.org or delete features at any time and for any reason without notice. We may cancel or suspend your access to the Essays.org at any time. Our cancellation or suspension may be without cause and without notice. Upon such cancellation, your right to access or use the Essays.org stops right away. Once your access to the Essays.org is cancelled or suspended, any data you have stored on the Essays.org may not be retrieved later. When we cancel your Essays.org credentials, your right to use the Essays.org immediately ceases.

13. Your Cancellation of Access to Essays.org.

You may cancel your access to the Essays.org at any time, with or without cause, upon notice to us by e-mail or mail. Upon such cancellation, we have no obligation to refund your Essays.org points to you.

14. Interpreting the Contract.

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between us regarding your use of the Essays.org. It supersedes any prior contract or statements regarding your use of the Essays.org. If you have confidentiality obligations related to the Essays.org, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

15. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Essays.org account. The other party may then establish an Essays.org account and enter into a contract with us.

16. Claim Must Be Filed Within 14 days.

Any claim related to this contract or the Essays.org services must be brought within 14 days. The 14 days period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

17. Your Notices to Us.

You may notify us by e-mail or postal mail.

18. Our Notices to You; Consent Regarding Electronic Information.

This contract is in electronic form. There may be other information regarding the Essays.org that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your access to the Essays.org. We may provide required information to you (1) via e-mail at the e-mail address you specified when you signed up for your Essays.org account, (2) by access to an Essays.org web site that will be designated in an e-mail notice sent to you at the time the information is available, or (3) by access to an Essays.org web site that will be generally designated in advance for such purpose. Notices provided to you via e-mail will be deemed given and received on the transmission date of such e-mail.

19. Privacy Statement.

Essays.org is committed to protecting your privacy.

This Essays.org Online Privacy Statement applies to data collected by Essays.org through the majority of its websites and services. It does not apply to those Essays.org sites, services and products that do not display or link to this statement or that have their own privacy statements.

In order to operate and provide the service, we collect certain information about you. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Microsoft or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Essays.org employees, customers or the public.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may hinder or break your use of the service.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you.

19.1 Collection of Your Personal Information
At some Essays.org sites, we ask you to provide personal information, such as your e-mail address, name, home or work address or telephone number. We may also collect demographic information, such as your ZIP code, age, gender, preferences, interests and favorites. If you choose to make a purchase or sign up for a paid subscription service, we will not ask for additional information, such as your credit card number and billing address, instead, we will redirect you to one of our contractor that provide all online payments for us.

In order to access some Essays.org services, you will be asked to sign in with a user name and password, which we refer to as your credentials. You can use the same credentials to sign in to different Essays.org sites and services, as well as those of select Essays.org partners. By signing in on one Essays.org site or service, you may be automatically signed into other Essays.org sites and services. As part of creating your credentials, you may also be requested to provide questions and secret answers, which we use to help verify your identity and assist in resetting your password, as well as an alternate email address. Some services may require added security, and in these cases, you may be asked to create an additional security key.

We may collect information about your visit, including the pages you view, the links you click and other actions taken in connection with Essays.org sites and services. Additionally, we can collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring Web site addresses.

In order to offer you a more consistent and personalized experience in your interactions with Essays.org, information collected through one Essays.org service may be combined with information obtained through other Essays.org services. We may also supplement the information we collect with information obtained from other companies. For example, we may use services from other companies that enable us to derive a general geographic area based on your IP address in order to customize certain services to your geographic area.

19.2 Use of Your Personal Information
Essays.org collects and uses your personal information to operate and improve its sites and deliver the services or carry out the transactions you have requested. These uses may include providing you with more effective customer service; making the sites or services easier to use by eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services and technologies; and displaying content and advertising that are customized to your interests and preferences.

We also use your personal information to communicate with you. We may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. We may also occasionally send you product surveys or promotional mailings to inform you of other products or services available from Essays.org and its affiliates.

Personal information collected on Essays.org sites and services may be stored and processed in the country in which Essays.org or its affiliates, subsidiaries or agents maintain facilities, and by using an Essays.org site or service, you consent to any such transfer of information outside of your country.

19.3 Sharing of Your Personal Information
Except as described in this statement, we will not disclose your personal information outside of Essays.org and its controlled subsidiaries and affiliates without your consent. Some Some Essays.org services may be co-branded and offered in conjunction with another company. If you register for or use such services, both Essays.org and the other company may receive information collected in conjunction with the co-branded services.

We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Essays.org; (b) protect and defend the rights or property of Essays.org (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of Essays.org services or members of the public.

19.4 Accessing Your Personal Information
You may have the ability to view or edit your personal information online. In order to help prevent your personal information from being viewed by others, you will be required to sign in with your credentials.

19.5 Communication Preferences
You can stop the delivery of future promotional e-mail from Essays.org sites and services by changing the choice in settings menu.

These choices do not apply to the display of online advertising. Nor do they apply to the receipt of mandatory service communications that are considered part of certain Essays.org services, which you may receive periodically unless you cancel the service.

19.6 Security of Your Personal Information
Essays.org is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access.

If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone you should always choose to log out before leaving a site or service to protect access to your information from subsequent users.

19.7 Use of Cookies
Essays.org websites use "cookies" to help personalize your online experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer.

Essays.org websites use cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content and appropriate advertising on your later visits to these sites.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to sign in or use other interactive features of Essays.org sites and services that depend on cookies.

19.8 Changes to This Privacy Statement
We will occasionally update this privacy statement to reflect changes in our services and customer feedback. When we post changes to this Statement, we will revise the "last updated" date at the top of this statement. If there are material changes to this statement or in how Essays.org will use your personal information, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. We encourage you to periodically review this statement to be informed of how Essays.org is protecting your information.