Currikula Operations Ltd., a corporation incorporated in England and Wales (together with its subsidiaries and other affiliates, “Currikula”), owns and/or operates the web pages available at www.currikula.com and all sub-domains thereof (collectively, the "Site"). The Site, the services (including, without limitation certain document checking and source detection services, Smart Source (as defined below), Bibliography Builder (as defined below), as well as any future software or services provided by Currikula) and the software (the "Services"), are owned and maintained by Currikula, and offered to you, the user ("You"), conditioned upon Your acceptance of the terms, conditions, and notices contained herein without modification (the "User Agreement").
By clicking the "I Agree to the above Terms & Conditions" box below You: (1) represent that You have read and understand, and have the capacity and authority to enter into, this User Agreement; and (2) agree to be bound by all of its terms and conditions.
You should review this User Agreement carefully. If You breach the User Agreement, Your authorisation to use the Site and the Services may automatically terminate. Only students may use the Site and the Services. Educational institutions, publishers, corporations, governmental entities, and others are not eligible to use this Site.
The Site offers the Services which allows You to check Your papers for possible textual matches against Internet-available resources, using a third party search API. The Site also offers certain reference management features which allow you to compile a list of references or bibliography.
Smart Source parses the text in your uploaded document and runs a search API to determine similar matches across the web, suggesting additional citations (“Smart Source”). The results produced by Smart Source are powered by a search API provided by Microsoft Bing. They should be evidence of a piece of text occurring somewhere on the web and, therefore, possible for reference. Currikula does not guarantee that the source is an accurate reference and manual checking should always be employed before adding the source to the bibliography. Furthermore, Currikula cannot guarantee that an essay produced with the assistance of Smart Source or by using the Site or the Services will be free from plagiarism or receive a better grade had the service not been used.
You understand and agree that the Smart Source Service may not be used for any other purpose, or provided to any other party, than as described herein. You shall indemnify and hold Currikula harmless from any and all claims arising out of the use of the Smart Source Service or user of the results and/or feedback to determine placement of, or grades for students, or for any other purpose.
The “Bibliography Builder”, which formats citation data into a bibliography, (also referred to as ‘Bibliography Manager’) uses a search API provided by WorldCat and OCLC for some of its services. All information returned, formatted or not, should be manually checked and Currikula does not guarantee the accuracy of the information.
By uploading or entering any text, documents or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Services and the Site (“User Content”), User Content, You hereby grant Currikula (and those it works with) a non-exclusive, royalty-free and fully-paid, perpetual, transferable and sub licensable, world-wide, irrevocable license to copy, reproduce, transmit, display, disclose, archive and otherwise use in connection with the Services and to improve the algorithms underlying the software, any User Content You submit to the Site.
Please note that User Content submitted to the Site is not read or reviewed by any individuals, but rather is only analysed in connection with You using the Service. You are solely responsible for all User Content which includes, among other things, any mistakes contained in the content or information transmitted by you. Currikula has no obligation to monitor any User Content and shall have no liability to you or any other person or entity with respect thereto, including, without limitation, liability with respect to any information (including your confidential information) contained in or apparent from any User Content.
You warrant, represent and covenant that you own or have a valid and enforceable license to use all User Content, and that no User Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction.
Currikula is not responsible for the loss, corruption or other changes to User Content. Without limiting the foregoing, Currikula does not guarantee that any feature(s) of the Services and/or Site that may permit you to temporarily save or otherwise record User Content will result in that User Content being retrievable. You are solely responsible for saving, storing and otherwise maintaining User Content including by maintaining backup copies of your User Content on appropriate independent systems that do not rely on the Services and/or the Site.
Subject to the above, all intellectual property rights in and to the User Content are and shall remain your property, and Currikula shall acquire no right of ownership or use with respect to any User Content except in connection with its provision of the Services under this Agreement.
The Site is owned and operated by Currikula. Currikula, its subsidiaries, affiliates, licensors and/or vendors own all rights in and to the Site and the Services, all materials created by the Services, including the format of reports evaluating textual sources ("Reports"), and all intellectual property rights related thereto (the “Resulting IP”). The Site, Services, Reports and the Resulting IP (“Currikula IP”) are protected by United Kingdom and international copyright and trademark laws. With the exception of the limited license granted above, nothing contained in this Agreement grants You any right, title, or interest in the Currikula IP or any of Currikula’s proprietary information. Any rights not expressly granted to You by this User Agreement are reserved by Currikula and/or its affiliates, vendors and licensors.
All intellectual property rights in the Currikula IP are and shall remain the sole property of Currikula and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to any Currikula IP except as specified in this Agreement. Without limiting the foregoing, you acknowledge that the Currikula IP and the inventions, know-how and methodology embodied therein are proprietary to, and contain valuable trade secrets of, Currikula and its affiliates and licensors, as applicable, and that the Currikula IP constitutes confidential information of Currikula.
You may from time to time provide Currikula with suggestions, comments, recommendations and/or feedback regarding the Currikula IP and/or Currikula’s related technologies (“Feedback”). Any and all Feedback is and shall be given entirely voluntarily. As between the you, Currikula and all Feedback shall be exclusively owned by Currikula, and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result Currikula shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you or any other person or entity.
Currikula may, in its sole discretion (without liability to Currikula), suspend or terminate Your access to the Site and Services to (i) prevent damages to, or degradation of, the Services; (ii) comply with any law, regulation, court order, or other governmental request; (iii) otherwise protect Currikula from potential legal liability; or (iv) address a breach of this User Agreement.
Protecting the privacy of the very young is especially important. For that reason, Currikula never collects or maintains information at our Site from those Currikula knows are under the age of 13, and no part of the Site is structured to attract anyone under the age of 13. If it comes to Currikula’s attention that it has received personally identifiable information from children under the age of 13, Currikula will dispose of the information.
THE SITE, SERVICES, AND REPORTS ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". CURRIKULA AND ITS LICENSORS DO NOT WARRANT THAT THE SITE, SERVICES, OR REPORTS WILL MEET YOUR REQUIREMENTS, OR THAT ANY REPORTS, RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. CURRIKULA DOES NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES OR LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY ANY APPLICABLE LAW, CURRIKULA AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT CURRIKULA DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, COMPUTERS, OR NETWORKS. CURRIKULA SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES.
NEITHER CURRIKULA, NOR ITS LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF THE SITE, REPORTS, SERVICES OR INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF CURRIKULA, ITS LICENSORS, SUPPLIERS AND THEIR RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CURRIKULA WILL NOT BE LIABLE FOR ANY ACADEMIC RESULTS YOU OBTAIN OR ANY SANCTION YOU FACE FROM ANY THIRD PARTY, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, REPORTS, SERVICES OR INFORMATION CONTAINED THEREIN. IN ANY EVENT, THE AGGREGATE LIABILITY OF CURRIKULA, ITS LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THIS USER AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES, IF ANY, YOU PAID TO CURRIKULA. FOR THE SERVICES IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY. YOU ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INTERPRETING THE REPORT OR SHARING THE REPORT WITH ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS CURRIKULA LIABILITY UNDER THIS USER AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CURRIKULA AND YOU. YOU UNDERSTAND THAT THE SITE, SERVICES AND SOFTWARE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
You agree to indemnify, defend, and hold harmless, Currikula, its affiliates, officers, directors, employees, agents, suppliers, and licensors, from any claims, losses, damages, deficiencies, liabilities, costs and expenses (including attorneys' fees and costs) arising from Your (a) use of the Site and/or the Services, (b) violation of any third party's rights, or (c) breach of this User Agreement. For clarity, this indemnification applies both to direct claims between You and Currikula and third-party claims. You agree to cooperate as reasonably required in the defence of any claim. Currikula reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification under this section and, in any event, You agree not to settle any such matter without the prior written consent of Currikula. Your obligation to defend and indemnify Currikula survives the termination of this User Agreement and Your use of the Site.
The Site contains hyperlinks to third party web sites. External hyperlinks to or from the Site do not constitute Currikula endorsement of, affiliation with, or recommendation of any third party or its web site, products, resources or other information. Currikula is not responsible for any software, data or other information available from any third party Web site. You are solely responsible for complying with all terms and conditions of use for the third party web sites. You acknowledge that Currikula shall have no liability for any damage or loss arising from Your access to, use of or reliance on any third party web site, software, data, or other information.
Your Licence is subject to the following limitations (‘Use Limitations”):
By completing the registration process for any given Services, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this User Agreement. You agree to provide Currikula with accurate and complete registration information and to promptly notify Currikula in the event of any changes to any such information.
You shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform Currikula if there is any reason to believe that a user ID or password issued by Currikula has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. Currikula reserves the right (at its sole discretion) to request that you change your password(s) in connection with the Services, and you shall promptly comply with any such request.
You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems, and in no event shall Currikula be liable for any loss or damages relating to such activity.
You are responsible for obtaining and maintaining any equipment needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and telecommunications capacity. You shall be solely responsible for ensuring that such equipment are compatible with the Site and the Services.
The Site and Services may include products and services that are available via a mobile device, including (i) the ability to browse the landing page and other related homepages (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that Currikula may communicate with you regarding Currikula and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your mobile telephone number.
Currikula reserves the right at any time to (i) change any information, specifications, features or functions of the Site or Services (ii) suspend or discontinue, temporarily or permanently, any or all of the Site and/or Services or any Trial, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services with or without prior notice and without any liability to you or any third party. Currikula will use its commercially reasonable efforts to notify you of changes to the Services that, in Currikula’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services to which you have subscribed.
Currikula may from time to time update or revise this User Agreement. If Currikula updates or revises this User Agreement, Currikula will notify you either by email to your most recently provided email address, by posting the updated or revised terms on the Site or by any other manner chosen by Currikula in its commercially reasonable discretion. Your use of the Site or Services following any such update or revision constitutes your agreement to be bound by and comply with this User Agreement as updated or revised. You can view the most current User Agreement at www.currikula.com. It is your responsibility to review the User Agreement periodically.
Any links on the Site to third party websites are provided for Your convenience only. If You choose to access third party websites or obtain products or services from third parties, You do so entirely at Your own risk and such access is between you and such third party. Currikula does not warrant or make any representation regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services.
Your registration to use the Site and/or Services constitutes your consent to receive email communications from Currikula, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included in the email messages.
This User Agreement is governed by the laws of England and Wales. You hereby consent to the exclusive jurisdiction and venue of the courts of England and Wales, in all disputes arising out of or relating to the use of the Site or the Services. Currikula performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of Currikula right to comply with law enforcement requests or requirements relating to Your use of the Site or the Services or information provided to or gathered by Currikula with respect to such use. You agree that any claim or cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arose. Otherwise, such claim or cause of action is barred forever. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of the User Agreement shall continue in effect. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the User agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This User Agreement constitutes the entire agreement between You and Currikula with regard to its subject matter and supersedes any and all prior negotiations, representations and agreements, whether written or oral, between the parties.
This User Agreement and the rights and obligations herein are personal to You, and You may not assign or otherwise transfer this User Agreement or any of Your rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Currikula. Currikula may freely assign or transfer its rights under this Agreement.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this US.
User Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
If Currikula is unable to perform any obligation under this User Agreement because of any matter beyond its reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving employees of Currikula), acts of local or central government or other competent authorities, problems with telecommunications providers, hostile network attacks or other events beyond Currikula’s reasonable control (each, a “Force Majeure Event”), Currikula will have no liability to You for such failure to perform; provided, however, that Currikula shall resume performance promptly upon removal of the circumstances constituting the Force Majeure Event. If any Force Majeure Event continues for more than sixty (60) days, Currikula may terminate this Agreement by delivery of written notice to You.