Last updated January 26, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. YOUR ACCESS TO AND USE OF OUR SERVICES IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ENGAGING WITH OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE RULES, POLICIES, AND PROCEDURES THAT ARE INCORPORATED BY REFERENCE HEREIN, INCLUDING ANY REGION-SPECIFIC PROVISIONS SET FORTH IN THE ADDENDUM AT THE END OF THIS DOCUMENT THAT MAY APPLY TO YOU (INCLUDING, WITHOUT LIMITATION, THE DISPUTE RESOLUTION AND ARBITRATION CLAUSES CONTAINED WITHIN).
YOUR AFFIRMATION OF THESE TERMS SIGNIFIES YOUR CONSCIOUS ACKNOWLEDGEMENT AND UNDERSTANDING OF ALL TERMS, EXCEPT AS SPECIFICALLY STATED OTHERWISE IN ANY APPLICABLE REGION-SPECIFIC ADDENDUM. IF YOU ARE UNWILLING TO AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST NOT ACCESS OR USE OUR SERVICES.
1. Applicability
1.1. These Terms of Use ("Terms") regulate all interactions and usage of the Campusly platform ("Platform") operated by Campusly. By accessing and using the Platform, you ("User") expressly agree to comply with and be bound by these Terms. The application of any additional or alternative terms and conditions is hereby expressly excluded.
1.2. Campusly reserves the exclusive right to modify or augment these Terms at any time. The current version of these Terms will always be available on the Platform. Should any modification or augmentation materially impact your rights or duties as a User, Campusly commits to adequately notify you through the Platform or via an alternative communication method.
1.3. Continuation of the Platform's usage after modifications or augmentations to these Terms have been implemented constitutes your irrevocable acceptance of such changes. If you disagree with the revised Terms, your sole recourse is to cease using the Platform and to deactivate your account ("Profile").
1.4. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Campusly grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
Please note that by affirming your understanding and acceptance of these Terms, you also acknowledge that you have the legal capacity to enter into a contract and to fully comprehend these Terms. If you are using the Platform on behalf of a corporation, entity, or organization, you represent and warrant that you are authorized to agree to these Terms on behalf of the corporation, entity, or organization and bind them to these Terms.
2. Availability
2.1. By accessing and utilizing the Platform, you acknowledge and agree that the Platform is provided on an "as is" and "as available" basis, encompassing only the functionalities and attributes present at the time of your use. Campusly categorically disclaims all warranties, guarantees, and conditions, whether express or implied, pertaining to the Platform's quality, safety, legitimacy, wholesomeness, and precision, except as expressly stated in these Terms of Use.
2.2. You acknowledge that the functionalities of the Platform are subject to change without prior notice.
2.3. Campusly reserves the right, at its discretion, to temporarily suspend or diminish the availability of the Platform, without prior notice and without incurring any liability for compensation to you, deemed necessary for reasons including, but not limited to, maintenance purposes.
2.4. Campusly does not warrant uninterrupted or error-free access to the Platform or any component thereof; interruptions or malfunctions may result from, amongst other factors, internet or phone connectivity issues, viruses, or inherent defects. Campusly shall bear no liability nor shall be required to indemnify any user for damages resulting from or associated with the (temporary) unavailability of the Platform.
2.5. Campusly retains the right to modify, adjust, or cease operation of the Platform at any time, without incurring any liability towards you. Disagreement with any alterations or modifications made to the Platform entitles you solely to discontinue use and, if applicable, remove your Profile from the Platform.
3. The Platform
3.1 Campusly provides a platform ("Platform") facilitating the exchange of study materials ("Study Materials"), enabling Users to communicate, participate in study communities ("Study Communities"), add course names, book titles, and provide course and/or professor reviews ("Reviews"). Additionally, the Platform features a dedicated section for the sharing of course files ("Course File Sharing Section"), where Students can earn credits ("Credits") through the upload of files. These Credits can then be utilized to download files within the Platform.
3.2 Students are required to register an account to download files.
3.3 Credits serve as the exclusive means of downloading files on the Platform. Credits hold NO monetary value and under no circumstances can be exchanged for legal tender. Similarly, it is not possible to purchase Credits with legal tender in any manner.
3.4 Campusly grants Students access to millions of Study Materials uploaded by fellow Students. However, Campusly expressly disclaims all liability for the content and quality of Study Materials provided by you or any Student via the Platform.
3.5 The Platform may host links to third-party websites not under the ownership or control of Campusly ("Third-Party Websites"). Campusly does not exercise control over, and thus bears no responsibility for, the content, privacy policies, or practices of any Third-Party Websites.
4. Sharing and Managing Study Material
4.1 Within this Platform, Students are afforded the opportunity to submit Study Material for their selected courses and universities. Such Study Material, once approved, becomes accessible for viewing and downloading by other Users of the Platform.
4.2 Users have the facility to compile "Keeps," which are collections of Study Materials relating to specific courses or subjects. The visibility of these Keeps to other Users on the Platform is at the discretion of the User who compiled them.
4.3 The Study Material you have made available on the Platform will be disclosed on your User Profile.
4.4 For each new Study Material submission that is approved, you will be awarded one (1) Credit.
4.5 Detailed guidelines on how to submit Study Material, including the permissible formats, are provided on the Platform.
4.6 You acknowledge and agree that you bear sole responsibility for the Study Material you submit to the Platform. Campusly is absolved from any liability to you or any third party for any damages related to the creation and sharing of your Study Material on the Platform.
4.7 Campusly does not undertake to review the Study Material submitted by Students, beyond an automated quality check aimed at verifying the sufficiency of text and/or pages within the submitted material. Campusly therefore, has no direct knowledge, influence, or involvement with the content posted by Users.
4.8 Campusly retains the right to convert the format of uploaded Study Materials, and to embed watermarks and/or advertisements within these materials as deemed necessary.
4.9 In the event that you, or any visitor of the Platform, deem certain Study Material to be unlawful, a report can be made to Campusly. Campusly reserves the right to remove such materials in alignment with Article 15 of these Terms.
4.10 Campusly reserves the right to reject, remove, or relocate any Study Material from the Platform at its discretion, especially in cases where the material is reported and/or receives negative feedback. Campusly is not obligated to provide compensation, bear responsibility, or be liable for any damages resulting from such actions.
4.11 You have the option to remove your Study Materials through the Upload History Page on the Platform.
5. Intellectual Property
5.1 The intellectual property rights ("IPR") in the Platform, including but not limited to, text, design, software, photographs, video, graphics, music, sound, and the selection and arrangement thereof, and all software compilations, underlying source code, and software (collectively, the "Information") are owned by Campusly or its licensors. Nothing in these Terms of Use shall be construed to transfer any IPR to the user.
5.2 Subject to the conditions herein, Campusly grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and utilize the Platform and the Information solely for legitimate and authorized use of the services offered within the Platform.
5.3 The aggregate of Study Materials, Information, and any AI-generated answers (collectively, "Database") presented on the Platform are protected under applicable laws. Campusly, as the Database producer, exclusively holds rights to permit or deny the extraction and/or reuse of substantial or quantitatively non-substantial parts of the Database content, insofar as such activities adversely affect the normal exploitation of the Database or unjustifiably prejudice the legitimate interests of Campusly.
5.4 Upon submitting study materials or questions ("User Contributions") to the Platform, you grant Campusly a free, perpetual, irrevocable, worldwide, non-exclusive license, with the right to sublicense, utilize, reproduce, modify, display, distribute, and create derivative works from these contributions in connection with operating and promoting the Platform. This license survives the deletion of your profile or cessation of Platform use.
5.5 To the extent permissible under law, you waive any moral rights in your User Contributions for their use under these Terms.
5.6 You represent that your User Contributions do not infringe upon any third party's Intellectual Property Rights and that you have the full authority to grant the license.
5.7 You are prohibited from any actions that could infringe on the IPR of Campusly or its licensors, including, but not limited to, unauthorized use, reproduction, modification, reverse engineering of the Platform or its contents, or engaging in domain name, trademark, or similar registrations that conflict with Campusly's IPR.
6. User Responsibilities and Platform Engagement
6.1 The Platform's study materials are to be employed solely as academic aids, adhering to the principles of academic honest practice.
6.2 Any form of resale, dissemination, or commercial exploitation of the Platform's offerings is strictly prohibited.
6.3 The posting of complete works, including electronic books, onto the Platform is forbidden.
6.4 Usage of the Platform is restricted against activities including, but not limited to:
- Engagements divergent from Campusly's foundational objectives;
- Misrepresenting authorship or violating copyright laws, constituting academic dishonesty;
- Conduct deemed discriminatory, offensive, or otherwise inappropriate by Campusly;
- Disclosure of third-party personal information, barring lawful justifications;
- Employment of malicious software or attempts to bypass Campusly's security mechanisms;
- Infringement upon Campusly or third-party intellectual or privacy rights;
- Distribution of unsolicited material (spam);
- Actions contravening these Terms, applicable regulations, or potentially harming Campusly's standing.
9.5. Campusly is absolved from all financial responsibilities (e.g. payment, taxation, and levy) arising from your submissions, including but not limited to royalties or legal compliances, irrespective of the inclusion of third-party works.
9.6. At its discretion, Campusly reserves the right to modify, refuse, or eliminate any uploaded content or commentary without incurring liability, deemed necessary per Campusly's judgment.
9.7. Should these Terms be violated, Campusly is authorized to limit, suspend user activities, or terminate user profiles without prior warning.
10. Liabilities and Guarantees
10.1. You commit to not engage with the Platform in any manner that (i) violates the rights of Campusly or any third party, this includes, but is not limited to, any Intellectual Property Rights or privacy-related rights, (ii) breaches any applicable laws or regulations, or (iii) contravenes any clause contained within these Terms of Use.
10.2. You shall assume responsibility and hold Campusly harmless against any claims from third parties asserting that the Study Material infringes upon any third party's Intellectual Property Rights or other rights or is otherwise illegal towards any third party, as well as any complaints resulting from your breach of these Terms of Use. You will compensate Campusly for all related costs incurred and damages sustained as a result of the aforementioned claims.
10.3. Campusly does not warrant (i) that the Platform will suit any specific purpose or will fulfill any of your particular requirements, (ii) that the Platform will be perpetually accessible to you, uninterrupted or free from errors; (iii) the accuracy, timeliness, or completeness of any Study Material, or Information provided on the Platform.
11. Accessing and Distributing Study Materials
11.1. Account holders endowed with credits are authorized to retrieve Study Materials from our Service strictly for personal, noncommercial utilization. A detailed record of accessed Study Materials shall be maintained within the user's account profile.
11.2. The retrieval of Study Materials is permissible, conditional upon the user's compliance with our Fair Use Doctrine. This doctrine stipulates a retrieval cap of 20 documents per diem and a maximal threshold of 100 documents each calendar month.
11.3. Users concede that the propagation of Study Materials is confined exclusively to the employment of direct links to our Service. The distribution of any Educational Content obtained through downloading by any means other than the stated direct link is expressly forbidden.
12. Intellectual Property Infringement Notifications and Procedures
12.1. Campusly acknowledges the importance of intellectual property (IP) rights and commits to the judicious protection of such rights. While Campusly is not responsible for any harm stemming from unauthorized usage of the Platform by users, Campusly pledges to, when notified through appropriate means as described herein, act to remove content that infringes upon IP rights or constitutes unlawful use, and to halt any blatantly illegal activities.
12.2. Allegations of IP infringement related to Study Materials and Study Questions on our platform can be reported to Campusly by submitting a detailed claim to DMCA@campusly.com. Upon receipt, such claims will be assessed, and Campusly will take action as delineated within this section, where justified and feasible.
12.3. Campusly reserves the discretionary right to refuse the removal of content or cessation of certain activities if there is plausible reason to question the veracity of the infringement claim, or if an assessment of prevailing interests dictates. In such instances, Campusly may request a judicial decree from a competent authority, affirming the contested content or activity's unequivocal illegality.
12.4. Before proceeding to remove the contentious content, Campusly may request additional proofs from the complainant confirming their ownership of the infringed IP rights along with a signed indemnity declaration favoring Campusly, to further substantiate the claim.
12.5. Campusly assumes no role in disputes between the claimant and any third parties ensuing from a notification.
12.6. In line with our commitment to uphold IP rights, Campusly enforces a policy leading to the termination of accounts belonging to users who deliberately engage in recurrent IP infringements.
12.7. Claimants absolve Campusly of any third-party claims related to the restriction or removal of content or cessation of activities borne from their infringement notification. This indemnification encompasses all consequent damages and costs incurred by Campusly, including necessary legal fees.
12.8. Campusly upholds the privacy of individuals submitting notifications, ensuring that collected personal data is strictly used for handling the reported infringement.
12.9. Campusly maintains the right to communicate the infringement notice to the implicated user responsible for the content under dispute.
13. Limitation of Liability
13.1. Campusly is not liable for any form of damages arising from the operation of the Platform, including but not limited to damages from usage, tort actions, or any other claims, except as explicitly required by applicable law.
13.2. Should Campusly be found liable notwithstanding the foregoing, such liability shall be confined to direct damages incurred by the User due to failures or torts attributable to Campusly. Direct damages are limited to physical damage to property, costs reasonably incurred to mitigate or ascertain direct damages, excluding any indirect losses such as data loss, profit loss, or decline in sales.
13.3. The maximum liability of Campusly shall not exceed the greater of the following: (i) the payment received from Campusly's insurer, or (ii) CA$1,000.
13.4. The limitations on liability outlined above do not apply in cases of damage caused by deliberate misconduct or gross negligence by Campusly or its senior management.
14. Exemption Due to Force Majeure
14.1. Campusly is exempt from fulfilling contractual obligations and liabilities in instances of force majeure, thus not constituting a breach of contract.
14.2. Force majeure encompasses, among other things, staff illness and key personnel absence, electricity outages, fire, acts of nature, industrial actions, floods, failure by third-party contractors, disruptions in internet service, hardware failures, (telecommunications) network interruptions, and other unpredictable events.
15. Account Cessation
15.1. Users may cease using the Platform and close their accounts at their discretion.
15.2. Users acknowledge that previously posted Study Materials or submitted Study Questions may continue to be accessible on the Platform post-cancellation.
16. Miscellaneous
16.1. The laws of Ontario, Canada, shall govern and interpret the Terms of Use and your engagement with the Platform, without regard to principles of conflict of laws.
16.2. Disputes emanating from or in connection with the Platform or these Terms shall be adjudicated exclusively in the competent courts of Toronto, except as preempted by mandatory jurisdictional provisions.
16.3. Should any clause within these Terms become unenforceable, void, or legally invalid for any reason, such condition will not compromise the overall validity of the remaining Terms. A new provision, being legally compliant and closely mirroring the original intent, will substitute the ineffective clause.
16.4. Campusly reserves the right to transfer its rights and obligations under these Terms to any third party. Notification of such a transfer will be sent to you. Should the assignment be unacceptable to you, your sole recourse is to discontinue using the Platform and remove your Profile.