Use of Your School Profile Products
Eligibility to use any of the Products is determined solely in the discretion of Your School Profile™. Your School Profile™ reserves the right to refuse access to its Products to anyone at anytime for any reason or for no reason. Any use or access by anyone under the age of 13 or, for citizens of countries within the European Union, under the age of 16 without parental consent, is prohibited. By creating a Your School Profile™ account, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products only in compliance with, and subject to, these Terms, our Policies and all applicable laws. When you create a Your School Profile™ account, you must provide us with accurate, current and complete information. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and that these Terms will apply to such upgrades.
Translation: Anyone who is at least 13 years old (16 years old for EU citizens) can use the Your School Profile™ platform but, we reserve the right to refuse service to anyone, especially if we don’t think you are who you say you are or if we think you’re using the Your School Profile™ platform inappropriately.
Your School Profile™ allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products and which does not contain personally identifiable information or education records is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post on our Products.
You grant Your School Profile™ and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your User Content on the Your School Profile™ platform solely for the purposes of operating, developing, providing, and using the Products. Nothing in these Terms shall restrict other legal rights Your School Profile™ may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our Policies.
Following termination or deactivation of your account, or if you remove any User Content from the Products, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Your School Profile™ and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through the Products. Translation: If you post content on the Your School Profile™ platform, it still belongs to you but we can show it to people and others can re-pin it. Copies of content shared with others may remain even after you delete the content from your account.
Because we care about the authenticity of work posted on or our accessible platform, Your School Profile ™ has adopted and implemented a comprehensive copyright policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
While we care greatly about security and strive to protect your account information and your User Content, Your School Profile™ cannot guarantee that unauthorized third parties will not be able to defeat our security measures. If you suspect any compromise or unauthorized use of your account, please notify us immediately. Please follow these tips to increase the security of your account:
- Pick a strong password, one that is unique and contains a mix of letters, numbers and symbols.
- Make sure you login to our official site; when in doubt, go to https://www.yourschoolprofile.com/ to be certain.
- Ensure your computer and browsers are up-to-date with the most recent updates and anti-virus software; only install browser add-ins or plug-ins from publishers that you trust.
- Don’t open attachments or install software from an email that looks like it’s from Your School Profile™; we’ll never ask you to download or open files from an email.
- Be mindful that when using an unsecured Wi-Fi network (one that doesn’t require a password), it’s possible for someone to see most of the internet traffic sent to and from your device.
- Your School Profile™ uses Hypertext Transfer Protocol Secure (https://) on the log in and settings pages. This encrypts the credentials you use to log in to Your School Profile™ and is designed to keep others from stealing your login credentials, even on an unsecured network.
Third-Party Links, Sites, and Services
Our Products may provide, or User Content may include, links to third-party websites, content or services. Because we have no control over such third-party websites, you acknowledge and agree that Your School Profile™ is not responsible for the availability of such third-party websites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such third-party websites. If you access third-party websites accessible through links from our Products, you do so at your own risk and bear the responsibility of familiarizing yourself with the privacy policies and terms of services of such third-party websites.
We value hearing from our users and are always interested in learning about ways we can make Your School Profile™ a better experience and more useful resource for you. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Your School Profile™ does not waive any rights to use similar or related feedback previously known to Your School Profile™, or developed by its employees, or obtained from sources other than you.
Disclaimer of Warranties
The Products, including, without limitation, all services, User Content, functions and materials thereon, are provided on an “as is,” “as available” basis without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, correctness, precision, thoroughness, completeness or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied. We make no warranty that the Products will meet your requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Products shall create any warranty not expressly made herein. Your School Profile™ assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Products or your downloading of any materials, data, text, images, video, or audio from the Products. Your School Profile™ also takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Limitation of liability
In no event, including but not limited to negligence, shall Your School Profile™, or any of its directors, officers, employees or agents (collectively, the “protected entities“) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, your access to or use of, or the inability to access or use, the products or the content, materials and functions related thereto, your provision of information or services via the products, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any conduct of or content posted, transmitted, exchanged or received by or on behalf of any user or third-party on or through the products (including, without limitation, any defamatory, offensive or illegal user content). In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the products exceed, in the aggregate, the lesser of (a) the amount paid by you to Your School Profile™ for your use of the products.
You agree to indemnify and hold harmless Your School Profile™, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you agree to provide us with such cooperation as is reasonably requested by us.
Amendments and Modifications
Your School Profile™ reserves the right to amend, from time to time, these Terms or our Policies. We reserve the right to determine the means and form of providing notice to you of any revisions to these Terms and Policies. By using the Products, you agree to electronically receive legal notices from us if we so choose. Notwithstanding the foregoing, the current and most recent version of these Terms and Policies will always be posted on our website. By continuing to access and use the Products after any such revised Terms or Policies become effective, you agree to accept the revised Terms and Policies.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Your School Profile™ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
These Terms and our Policies, together, constitute the entire agreement between you and Your School Profile™ with respect to the Products and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Your School Profile™ with respect to the Products.
In the event any section or portion of any section of these Terms shall be determined to be invalid or unenforceable for any reason, such invalidity of unenforceability shall not affect the validity and enforceability of the remaining valid and enforceable sections hereof, and the invalid or unenforceable section or portion shall be deemed amended only to the minimum extent necessary to make such section or portion enforceable and compatible with the remaining Terms and, if such portion cannot be so amended, these Terms will be construed as if such invalid or unenforceable section or portion had not been inserted.
No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Your School Profile’s ™ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event of any dispute that might arise between you and Your School Profile™, you agree to first notify us and attempt to resolve the dispute with us reasonably and informally. If Your School Profile™ is unable to informally resolve your dispute to your full satisfaction, we each agree to resolve any remaining claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA“) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Your School Profile™ agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Products. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Your School Profile™ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its principle of conflicts of laws. Each party hereto hereby irrevocably and unconditionally consents to the submission of any dispute arising hereunder to the federal or state courts located in Wilmington, Delaware with respect to any matter arising under or relating to these Terms. Translation: These are provisions found in just about every commercial contract. Simply put, the terms are the terms and they are between you and us. If we come to any disagreement, let’s try to deal with it in a mature and reasonable manner.
Acceptable Use Policy
Your School Profile™ is a platform to find, create and share information about colleges, scholarship agencies, parents and the general public in seeking information about a particular school. Some information found on Your School Profile™ might come from or be reported by colleges and corporations, but much of it comes from other users like you. User-generated content is essential for conveying unbiased perspectives but sometimes such freedoms are abused by malicious, unscrupulous ne’er-do-wells. To make you feel safe and comfortable while using our site, we require everyone to agree to and follow these rules.
Your School Profile™ reserves the right to remove any content from public access at any time and without notice. If there’s a question about whether something is or is not appropriate for our users, we’ll err on the side of caution and remove it from view. As a rule of thumb, we ask that you use common sense. However, because common sense can be an uncommon virtue, we’ve spelled it out for you in more detail.
You aren’t allowed to POST anything that:
- Depicts, promotes, threatens, encourages or celebrates any form or suggestion of violence, physical injury, bodily harm, property damage, illegal activity or public unrest;
- Attacks, bullies or harasses anyone or contains information that may be deemed to be hateful, hurtful or offensive;
- Libels or defames any person or entity;
- Is sexually explicit, pornographic, exploitive or untowardly suggestive;
- Invades anyone’s right to privacy or other rights;
- Infringes anyone’s intellectual property;
- Is fraudulent or deceptive;
- Contains someone else’s personal information or requests another’s personal information;
- Offers, advertises or opines about any commercial product or service or contains unsolicited commercial messages, comments or descriptions.
You aren’t allowed to DO anything that:
- Uses or depicts Your School Profile’s™ name, logo, trademark or branding without our express prior written consent;
- Accesses, tampers with or uses non-public areas of Your School Profile’s™ website, our systems or our technical providers’ systems;
- Attempts to break or circumvent our security measures or otherwise tests the vulnerability of our systems or networks;
- Uses any method to scrape, download or change Your School Profile’s™ website or anything on it, except that software and tools provided by popular browsers are acceptable;
- Posts repetitive content or tries to artificially boost views, repins, likes, comments or other user metrics;
- Uses meta tags, hidden text or metadata with our trademark, logo, URL or product name without our prior written consent;
- Uses Your School Profile™ user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way uses Your School Profile™ to send altered source-identifying information;
- Tries to reverse engineer any of Your School Profile’s™ software;
- Tries to interfere with any Your School Profile™ user, host or network in any way, including, for example, sending a virus, overloading, spamming or mail-bombing;
- Collects or stores personally identifiable information from Your School Profile™ or its users without their express permission;
- Impersonates, misrepresents or omits your affiliation with any person or entity;
- Does anything that violates applicable law or regulations;
- Shares your password.; lets anyone access your account or do anything that might compromise the security of your account information;
- Attempts to sell or transfer your username or user identity for compensation;
- Encourages or assists anyone to do any of the things on this list.
Your School Profile™ respects the intellectual property rights of others and desires to offer a platform that contains no content that violates those rights. Our Terms and Policies requires that content posted by users be accurate, lawful and not in violation of the rights of third parties. In addition, it is Your School Profile™ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly violate our policies, including the repeated infringement of copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512), Your School Profile™ will respond expeditiously to claims of copyright infringement committed using the Your School Profile™ website (the “Site”) if such claims are reported to Your School Profile™ Designated Copyright Agent identified in the sample notice below.
You aren’t allowed to POST anything that:
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Your School Profile’s™ Designated Copyright Agent. Upon receipt of Notice as described below, Your School Profile™ will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
Your Notice must include the following:
1. A description and, if available, publicly available location (e.g., URL) of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by your Notice, a representative list of the copyrighted works that you claim have been infringed.
2. A description and identity of the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material can be found.
3. Your mailing address, telephone number, and, if available, email address.
4. Both of the following statements in the body of the Notice:
- I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
- I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
5. Your full legal name and your electronic or physical signature.
Deliver your Notice, with all items completed, to Your School Profile’s ™ Designated Copyright Agent via one of the following methods:
- Email to: firstname.lastname@example.org
- Mail to:
Your School Profile™ Copyright Agent
306 Lorton Avenue Burlingame,
What to Do if You Receive a Copyright Complaint (DMCA Notice)
If you receive a notification that your User Content has been removed due a copyright complaint, it means that the material has been deleted from Your School Profile™ at the request of the content’s owner. If you want us to forward the information from the Copyright Complaint notification, just reply to the notification to let us know. We will forward it (without any personal contact information) to you at the address or email contained in your account settings. If your account receives too many copyright complaints, you may lose the ability to create new content on Your School Profile™ and your account may be disabled completely.
If you believe your User Content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within 10 business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record and we may replace, at our discretion, the content that was removed.
What to Do if You Receive a Copyright Complaint (DMCA Notice)
1. Email your counter-notice to email@example.com
2. Include ALL of the following:
- Your full name, address, and telephone number.
- Identification of the material removed or to which access has been disabled, including the source address of the content that was removed (copy and paste the URL specified in the notification email).
- A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district where your address is located or, if your address is outside of the United States, for any judicial district where Your School Profile™ operates, and that you will accept service of process from the person who provided the original complaint or an agent of such person.
- A physical or electronic signature (for example, typing your full name).
In filing a DMCA notice or counter-notice, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make your DMCA notice or counter-notice complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notice may not be processed further.
In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
Your School Profile™ may disclose any communications concerning DMCA notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material, and may provide DMCA notices to Lumen. If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notice, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.