MyCred Terms of Service
Last Update: October 4, 2016
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MyCred User Agreement
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
Important! - Read these terms carefully before accessing MyCred. Prior to accessing MyCred, it is required that you read this License Agreement, that you understand it, and that you agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this License Agreement, do not click the “I agree to and accept the Terms of Service show above” check box on the Create Account page. By selecting the “I agree to and accept the Terms of Service show above” checkbox, you will be agreeing to be legally bound by all of the terms and conditions of this License Agreement which will become effective immediately. Payment of a user license subscription fee or issuance of a registration code are required for access to MyCred post any free trial periods. If the user license subscription fee has not been paid, your subscription has expired, or your subscription has been terminated pursuant to the terms of this License Agreement, you will be denied access to MyCred.
1. Grant of License
During the term of this License Agreement RXinsider Inc. dba MyCred, dba MyCred (“Licensor’) grants to you a non-exclusive, nontransferable, limited license to access and use the MyCred application for the term of this License Agreement. The right to use and access MyCred under a License Agreement may be referred to herein as a “subscription.” The MyCred application includes any and all of Licensor’s associated media, printed materials and online or electronic documentation related to the use of MyCred or MyCred that are available for use by licensed users (collectively the “Application”) for so long as your subscription is in effect (see below). The term “Application” does not include information entered into the Application by any person or entity other than employees, agents and representatives of Licensor. The license granted to you to use the Application is limited to the following purposes: to enter and store data through the Application; to create and publish a personalized electronic portfolio of your work product (your “Portfolio”); and to allow you to give access to your Portfolio to those individuals or entities to whom you specifically grant access. The Application may not be used for any other purposes.
2. Access to the Application
The Application may only be accessed over the Internet at Licensor’s Web site for use only as authorized by this Agreement.
3. Subscription Fee and Term
You must have a current subscription to obtain full access to the Application. The payment of the subscription fee permits you to access the Application for the term specified when the account was created on the date your password is first activated, unless you are using the Application as part of a pilot program, trial offer, or your subscription is suspended or terminated earlier under the terms of this License Agreement. Once you enter into the License Agreement, your subscription fee is nonrefundable unless otherwise provided by law. Licensor will attempt to notify you prior to the normal expiration of your subscription. Prior to the expiration or termination of your subscription, you may renew or extend your subscription term by paying the annual subscription fee then in effect. If you forget your Password, the Application has the ability to send the Password to the user’s primary e-mail account. You are required to know your Username to get your Password emailed to you. If you have forgotten your Username and Password, you may contact MyCred user support. You will be required to answer specific questions related to your account to confirm your identity. Licensor has no obligation whatsoever to provide you access to your data or Portfolio upon the expiration or termination of your subscription. Notwithstanding the foregoing, Licensor shall have the right to refuse renewal of your subscription, for any reason, including, but not limited to, the prior termination of your subscription.
4. Ownership; Access
4.1 Your Portfolio Data. As between you and Licensor, you will at all times be the owner of the data you create and personally enter into your Portfolio (your “Data”). The use of your Data by those persons or entities to whom you have granted access is between you and such persons and/or entities. Once you grant access to such persons and/or entities, you understand that such persons and/or entities may use and/or disclose your Data contrary to the terms upon which you granted them access or contrary to the provisions of the Family Educational Rights and Privacy Act (“FERPA”). Licensor does not guaranty that such persons and/or entities will protect your Data in compliance with FERPA, however, the Application has been designed to allow such persons and/or entities to restrict access to your Data in order to comply with FERPA. You have the responsibility to check and maintain the accuracy of your Data and to promptly inform Licensor in the event that you suspect a defect in the Application may be affecting your Data.
4.2 Rights of Licensor to use, access and disclose your Data. You grant to Licensor, its employees, contractors, agents and successors and assign the right to use, access and disclose your Data as follows: (i) they may share your Data with their affiliates and other companies and individuals engaged to perform system maintenance and other management or audit functions on their behalf, but such affiliates, companies and individuals may use your Data only to perform such functions; (ii) they may disclose your Data in special cases when there is reason to believe that disclosing your Data is necessary to identify, contact or bring legal action against any person who may cause injury to, or interfere with, Licensor’s rights or property or another person or entity’s rights or property; (iii) they may disclose your Data when required by law; (iv) they may use and disclose your Data to the extent that it is not personally identifiable for statistical or aggregated purposes at their discretion; (v) they may disclose your Data if your Data is being used or may be used for an unlawful purpose, and (vi) in the event that Licensor sells its MyCred business, Licensor shall have the right to sell such business, including the Application (without the removal of your Portfolio and your Data from the Application) and Licensor’s rights under this License Agreement; provided, however, that the purchaser of such assets is bound by the same terms and conditions with respect to the use, access and disclosure of your Data as is contained in this License Agreement and (vii) they may disclose your data to the individuals to whom you have granted access.
4.3 Application. As between you and Licensor, Licensor is the sole owner of the Application, the databases and all patents, patent applications, trademarks, copyrights and other proprietary rights of any kind or nature whatsoever related to the Application (collectively, the “Licensor’s Intellectual Property”). By paying your subscription fee, you obtain no ownership rights in the Licensor’s Intellectual Property. Rather, you have a license to use the Application as set forth in this License Agreement as long as you have a current subscription. All rights not granted to you in this License Agreement are expressly reserved to Licensor.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to MyCred through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MyCred is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MyCred shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MyCred may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to MyCred all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from MyCred under any circumstances.
5. Deletion of Your Data
You have the ability to delete your Data so that it is no longer accessible through your Application portfolio at any time through the options provided by the Application. If your subscription expires or terminates and you have not deleted your Data and you do not notify Licensor that you want your Data deleted upon the expiration or termination of your subscription, Licensor may retain your Data for a limited period of time to allow you to reactivate your Data. You may reactivate your Data and subscription by notifying Licensor and paying Licensor a reactivation fee plus the then current subscription fee. The reactivation fee may be waived if you notify Licensor within 30 days of the expiration of your subscription of your desire to renew your subscription. If your License Agreement is terminated by Licensor due to a breach of this Agreement, reactivation may be denied. Even though you have deleted your Data so that it is no longer accessible through the Application, your Data may still be stored on backup tapes, drives and/or other backup media until such time that such media is overwritten or destroyed. Licensor has no responsibility to attempt to recover this deleted Data for you, and Licensor may charge you for this service, if it is offered.
6. Results; Decision to Use Application
You acknowledge and agree that you have made your own examination and evaluation of the Application and have therefore concluded that the Application will be adequate for the purposes intended by you. All decisions and/or other results (“Results”) made or prepared by you using the Application are made or prepared solely by you at your own risk. Use of the Application does not relieve you of any responsibility or obligation you may have, including but not limited to responsibility for Results provided to any third party, for the content, accuracy, and review of such Results or for the use of User Data. Your decision to use the Application is solely the result of your examination and evaluation of the Application.
The Application contains material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. You may not remove any proprietary notice of Licensor or any third party from the Application or other Licensor material.
8. Restrictions and Responsibilities
8.1 You may not use the Application or any portion thereof in any manner not authorized by this License Agreement. You may not publish, display, disclose, rent, sell, lease, modify, loan, sublicense, distribute, download or create derivative works based on the Application or any part thereof. You may not reverse engineer, decompile, translate, adapt or disassemble the Application or any portion thereof; nor shall you attempt to create the source code from the object code for the Application. The restrictions set forth in this Section 8 shall not apply to your ability to use your Data in any lawful manner which is consistent with your ownership rights to your Data.
8.2 You may not evade or attempt to evade the security of the Application or Licensor’s network or use the Application in any manner not contemplated by this Agreement or any documentation available for use by you.
8.3 No promise is made or implied that Licensor’s Web site will be available at all times or that it will not be subject to downtime, interruptions or other service problems.
8.4 You agree to use the Application and Licensor’s network and servers only for lawful purposes. You may not use, or allow any other person to use, the Application or Licensor’s network or servers either directly or indirectly, to make, create, solicit, transmit, upload or publish any comment, request, suggestion, proposal, image, data file or other communication which:
(a) is, or is likely to be perceived as obscene or indecent (other than appropriate use for
academic purposes), or is intended to annoy, abuse, threaten or harass another person;
(b) violates any rights of others, including but not limited to, infringement of any proprietary
rights, copyrights, trademarks, patents or trade secrets;
(c) libels, defames or slanders any person, or infringes upon any person’s privacy rights;
(d) contains or embodies any computer virus, harmful component or corrupted data;
(e) adversely affects the performance or availability of Licensor’s network or any user thereof;
(f) violates any applicable local, state, national, international or foreign law; or
(g) involves sending unsolicited advertising or promotional materials (including, without
limitation, “spam” or bulk e-mail).
8.5 You are responsible for all uses of the Application using your Username and Password, whether the use is by you personally or by someone else. You are responsible for protecting and securing your Username and Password from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of the Application, such as the theft or unauthorized use of your Username and Password, you will notify Licensor immediately.
8.6 You acknowledge that you are responsible for providing all equipment and connectivity necessary for
you to access the Internet and the Application.
8.7 You certify that you are over the age of 18 or, if you are under the age of 18, you have obtained the permission of your parent or legal guardian to subscribe to the Application.
8.8 Upon any breach or violation of the restrictions in this Section 8, or upon any threat of imminent damage or harm to Licensor, Licensor’s network or users of the Application, Licensor may remove your Data (or other data) from the Application or terminate your access to the Application or any portion of the Application.
9. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND LICENSOR’S NETWORK IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION, DOCUMENTATION OR LICENSOR’S NETWORK IS ERROR FREE, THAT ALL ERRORS IDENTIFIED WILL BE CORRECTED OR THAT THE APPLICATION OR LICENSOR’S NETWORK WILL SUPPORT YOUR NEEDS. LICENSOR DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE AVAILABILITY, CONNECTIVITY, SPEED OR UPTIME OF LICENSOR’S WEB SITE OR NETWORK. LICENSOR SPECIFICALLY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION WITH RESPECT TO THE QUALITY, COMPATIBILITY OR CONTINUITY OF ANY THIRD-PARTY TELECOMMUNICATION, INFORMATION SYSTEMS OR INTERNET SERVICE PROVIDER’S CONNECTIVITY OR SYSTEMS, OR WITH RESPECT TO THE FUNCTIONALITY, OPERABILITY OR RELIABILITY OF LICENSOR’S OR ANY THIRD PARTY’S DATA SECURITY FEATURES OR SYSTEMS. LICENSOR GIVES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, ACCURACY, INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, INFRINGEMENT OF PROPRIETARY RIGHTS OF ANOTHER, OR THAT ANY INFORMATION, LICENSOR’S EFFORTS, OR THE APPLICATION WILL FULFILL ANY OF YOUR PARTICULAR NEEDS OR PURPOSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Disclaimer of Liability
YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND USE OF YOUR DATA. UNDER NO CIRCUMSTANCE WHATSOEVER SHALL LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, HAVE ANY LIABILITY OF ANY KIND OR NATURE WHATSOEVER FOR THE ACCURACY OF YOUR DATA OR THE USE OF YOUR DATA BY ANY PERSON OR ENTITY TO WHOM YOU HAVE GRANTED ACCESS OR FOR THE USE OF YOUR DATA BY ANY PERSON WHO MAY GET ACCESS TO YOUR DATA THROUGH A FAILURE OR BREACH OF SECURITY OF THE APPLICATION OR LICENSOR’S NETWORK OR THROUGH ERRORS LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH, LOSS OF DATA, LOSS OF FILES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF OPPORTUNITY, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION OR RESULTING FROM FAILURE OR BREACH OF SECURITY, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR LOSS OF FILES OR DATA, ERRORS, DEFECTS, DELAYS IN OPERATION OR PERFORMANCE, REGARDLESS OF THE CAUSE INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR USE OF LICENSOR’S NETWORK, PROGRAMS OR SERVICES, OR THE NEGLIGENCE OF LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OR FOR ANY CLAIMS BY ANY OTHER PARTY, EVEN IF LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FOR ALL SUCH DAMAGES OR CLAIMS.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF RESULTING FROM THE NEGLIGENCE OF LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES. IN NO EVENT SHALL THE LIABILITY OF LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, HEREUNDER, IF ANY, EXCEED THE PRORATED PORTION OF ANY AMOUNT
OF THE SUBSCRIPTION FEE YOU PAID FOR THE REMAINDER OF THE SUBSCRIPTION THAT IS UNUSED. YOU ACCEPT THIS LIMITATION OF LIABILITY EVEN IN THE EVENT OF NEGLIGENCE BY LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES
12. Application Support
Licensor has no obligation to support the Application, correct any defects or create any upgrade. Licensor, at its sole option, at any time, may cancel and/or modify the Application, or establish rules relating to its use. Licensor, at its sole discretion, at any time, may provide Application support to users via telephone or other methods.
13. Export Restrictions; Protection of Intellectual Property
This License Agreement is expressly made subject to any law, regulation, order, or other restriction on the export from the United States of America of the Application or information about the Application which may be imposed from time to time by the government of the United States of America. You shall not export the Application or information about the Application or stored in the Application other than in strict compliance with such laws, regulations, orders or other restrictions. The Application may not be downloaded, installed, exported or reexported into or to a national or resident of any country to which the United States has affected an embargo, or to
anyone on the entity list, the U.S. list of specially designated nationals or table of denial orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You shall not use the Application, or knowingly permit use of the Application, for the unlawful export, disclosure, distribution or dissemination of any intellectual property, software, program, documents or other protected, restricted or prohibited information or material.
14. Indemnification by You
You agree to defend, indemnify and hold harmless Licensor from any claims and expenses, including reasonable attorney’s fees, related to any violation of this License Agreement by your use of the Application, or in connection with the placement or transmission by you of any material in the Application except as expressly authorized in this License Agreement
15. Term and Termination
15.1 This License Agreement is effective when Licensor accepts your offer to enter into this License Agreement and shall continue in full force and effect for so long as you have a current subscription, unless terminated early under the terms of this License Agreement. You may terminate this License Agreement at any time by notifying Licensor that you are canceling your subscription, subject, however, to the provisions of Paragraph 3 of this License Agreement. Licensor may terminate this License Agreement, without giving up its right to use any other remedy it may have, if you fail to comply with any of the terms of this License Agreement. Early termination of this License Agreement by you or Licensor shall not entitle you to any refund unless otherwise provided by law.
15.2 Licensor may terminate this License Agreement immediately upon the expiration or termination of any institutional subscription agreement governing the relationship between the entity that paid for your subscription and Licensor.
Licensor may give notice to you by electronic mail, by a posting in the Application, or by conventional mail. Notice by Licensor shall be effective on the date that Licensor makes a good faith effort to reach you. You shall give notice to Licensor as stated below. Notice by you shall be effective on the date that Licensor actually receives the notice.
US mail: 1300 Division Road, Suite 2013, West Warwick, RI 02893
17. General Provisions
17.1 Modifications to this License Agreement. Licensor shall have the right to change the terms of this License Agreement. The “End-User License Agreement” link located on the Application’s login screen will include the date the License Agreement was last modified. Continued use of the
Application by you after each updated License Agreement is posted constitutes acceptance of the terms of the modified License Agreement. If any new term or changed term substantially restricts your lawful use of the Application and is unacceptable to you, you may cancel your subscription within 30 days of notice from Licensor of such change. Licensor has the right to adopt or amend rules of use or change the terms of this License Agreement immediately if such rules or changes are necessary to protect users’ Data or to prevent harm to Licensor’s network or other persons or property, and no subscription refund will be made in such circumstances.
17.2 Assignment. You shall not assign this License Agreement without the prior written consent of Licensor. Licensor reserves the right to assign or otherwise transfer all or any portion of this License Agreement; provided, however that any assignee or transferee agrees to be bound by the terms and conditions hereof.
17.3 Your Password. You shall not permit or allow any other person to use your Password to access the Application.
17.4 Governing Law. This License Agreement shall be construed, interpreted and governed by the laws of the State of Rhode Island without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate state court sitting in Kent County, Rhode Island or an appropriate federal court sitting in the state of Rhode Island, unless applicable laws require a different forum despite the provisions herein.
17.5 Force Majeure. Licensor shall not be responsible or liable for any damages to you by reason of any extraordinary event, such as state or governmental action, war, terrorism, riot, labor dispute or strike, accident, fire, flood, storm, natural catastrophe or prolonged shortage of energy supplies, theft, disruption in connectivity or any other cause beyond the reasonable control of Licensor.
17.6 Severability. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
17.7 Waiver. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
17.8 Survival. All provisions of this License Agreement intended to survive the expiration or termination of this License Agreement shall so survive such expiration or termination for whatever reason whatsoever, including, but not limited to the applicable provisions of Sections 4, 5, 7, 8, 9, 10, 11, 13, 14, 16 and 17.
17.9 Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
17.10 Additional Information. Additional information about Licensor and the Application is available at www.MyCred.com.
MyCred USER "DOS" and "DON'TS."
As a condition to access MyCred, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts.
Do undertake the following:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and update it as necessary;
4. Review and comply with notices sent by MyCred concerning the services; and
5.Use the MyCred services in a professional manner.
Don't undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to MyCred;
2. Publish inaccurate information (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
3. Create a Portfolio for anyone other than a natural person;
4. Harass, abuse or harm another person, including sending unwelcomed communications to others using MyCred;
5. Upload a portfolio image that is not your likeness or a head-shot photo;
6. Use or attempt to use another's account without authorization, or create a false identity on MyCred;
7. Upload, post, email, transmit or otherwise make available or initiate any content that:
a. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
b. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
c. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by MyCred);
d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
f. Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of MyCred or any User of MyCred;
h. Forged headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
8. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
9. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on MyCred (excluding content posted by you) except as permitted in this Agreement, MyCred's developer terms and policies, or as expressly authorized by MyCred;
10. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof.
11. Utilize or copy information, content or any data you view on and/or obtain from MyCred to provide any service that is competitive, in MyCred's sole discretion, with MyCred;
12. Imply or state, directly or indirectly, that you are affiliated with or endorsed by MyCred unless you have entered into a written agreement with MyCred (this includes, but is not limited to, representing yourself as an accredited MyCred trainer if you have not been certified by MyCred as such);
13. Adapt, modify or create derivative works based on MyCred or technology underlying the Services, or other Users' content, in whole or part, except as permitted under MyCred's developer program;
14. Rent, lease, loan, trade, sell/re-sell access to MyCred or any information therein, or the equivalent, in whole or part;
15. Remove any copyright, trademark or other proprietary rights notices contained in or on MyCred, including those of both MyCred and any of its licensors;
16. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from MyCred except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
17. Share information of non-Users without their express consent;
18. Infringe or use MyCred's brand, logos and/or trademarks, including, without limitation, using the word "MyCred" in any business name, email, or URL or including MyCred's trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by MyCred;
19. Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
20. Use bots or other automated methods to access MyCred, add or download contacts, send or redirect messages, or perform other activities through MyCred, unless explicitly permitted by MyCred;
21. Access, via automated or manual means or processes, MyCred for purposes of monitoring MyCred's availability, performance or functionality for any competitive purpose;
22. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of MyCred's website;
23. Attempt to or actually access MyCred by any means other than through the interfaces provided by MyCred such as its mobile application or by navigating to http://www.MyCred.com using a web browser. This prohibition includes accessing or attempting to access MyCred using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including MyCred;
24. Attempt to or actually override any security component included in or underlying MyCred;
25. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on MyCred's infrastructure, including, but not limited to, sending unsolicited communications to other Users or MyCred personnel, attempting to gain unauthorized access to MyCred, or transmitting or activating computer viruses through or on MyCred;
26. Interfere with or disrupt or game MyCred or the Services, including, but not limited to, any servers or networks connected to MyCred, in particular MyCred's search algorithms.
Being part of MyCred means sharing information about yourself with other professionals, communicating with them, as well as working privately on your own. By default, your account is setup to share the information that we have found the vast majority of our Users are interested in sharing. But the amount and type of information you decide to share, and with whom you share it, is up to you.
Here are the three main types of information on MyCred:
Information about yourself that you share. This is the information that other professionals, students and companies see about you. This includes your Portfolio content. You have control over what you share, and you can update information at any time.
Communication. We help you communicate with other professionals. You decide how much or how little you wish to communicate to individuals.
Private activity. We also provide tools that you can use privately on MyCred. These actions and information are private and MyCred does not share or distribute them to others on the website.
Of course, maintaining your trust is our top concern, so we adhere to the following principles to protect your privacy:
Please read this policy and send us questions, concerns and suggestions.
1. Information Collected
We collect your personal information in the following ways:
In order to become a User, you must provide us the following information to create an account: name, email address, country, and password. Without this minimal amount of information, you cannot create a MyCred account. Like other passwords, you should choose one that is known only by you. MyCred requests other information from you during the registration process, (e.g., location, email, etc.) that MyCred uses to provide better, more customized services. You acknowledge that this information is personal to you, and by creating an account on MyCred, you allow others, including MyCred, to identify you and to allow MyCred to use your information in accordance with our User Agreement.
b. Customer Service
We collect information when you interact with MyCred's customer service website in order to accurately categorize and respond to customer inquiries and investigate breaches of our terms.
c. Using the MyCred Site and Applications
We receive information when you interact with and use the MyCred website, MyCred Applications, and MyCred platform technology. For example, we know when you click on ads, participate in polls, install a MyCred mobile application, etc.
d. Using Third Party Services and Visiting Third Party Sites
We receive information when you use your MyCred account to log in or authenticate to a third-party website or application. Also, if you are logged into MyCred and visit a third party site that embeds MyCred professional plugins, MyCred will receive information that those pages have loaded in your web browser. MyCred will use this information to personalize the MyCred-provided functionality, allowing you to share information with your network, enabling you to use MyCred functionality off the MyCred site and serving you more relevant advertising. MyCred's retention of this data is addressed in Section 1.K.
e. Log files, IP Addresses and information about your computer and mobile device
Due to the communications standards on the internet, when you visit the MyCred website we automatically receive the URL of the site from which you came and the site to which you are going when you leave MyCred. MyCred also receives the internet protocol ("IP") address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, your mobile device (including your UDID) and mobile operating system (if you are accessing MyCred using a mobile device), as well as the name of your ISP or your mobile carrier. MyCred may also receive location data passed to it from third-party services or GPS-enabled devices that you have enabled. The link between your IP address and your personally identifiable information is not shared with third parties without your permission.
f. Rights to Access, Correct and Eliminate Information About You
You have a right to access, modify, correct and eliminate the data you supplied to MyCred. If you update any of your information, we may keep a copy of the information that you originally provided to us in our archives for uses documented in this policy. You may request deletion of your information at any time by contacting MyCred customer service. We will respond to your request within 30 days. Please note, however that information you have shared with others, or that other Users have copied, may also remain visible even if you request its deletion.
g. Data Retention
MyCred will retain your information for so long as your account is active or as needed to provide you services which we de-identify after 12 months. If you wish to close your account, you may do so after logging in. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce this Agreement.
2. Uses of personal information
a. Consent to MyCred Processing Information About You
b. MyCred Communications
As described in the User Agreement, we will communicate with you through email, notices posted on the MyCred website. We may send you a series of emails that help inform new Users about the features of the Services, and we will also send you service messages relating to the functioning of the Services. We may also send you messages with promotional information directly or on behalf of your sponsor (if applicable).
Please be aware that you cannot opt-out of receiving service or sponsor messages from MyCred. Also, if we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with your receipt of messages on your mobile device.
c. User Communications
Many communications you initiate through MyCred will list your public contact information in the header of your Portfolio.
d. Customized Content
We use information you provide to us (or to third parties with whom MyCred offers combined services) to customize your experience on our website.
e. Sharing Information with Third Parties
MyCred takes the privacy of our Users very seriously, and we do not sell, rent, or otherwise provide your personally identifiable information to third parties, except as described in this policy. We will also not share other personal information not published to your profile or generated through engagement with other MyCred services without your explicit consent or to carry out your instructions (for example, to process payment information) unless, disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of MyCred, our Users or the public.
MyCred offers an "Unlocked" feature that allows Users to publish portions of their MyCred Portfolio to the public internet. This public profile will be crawled by and displayed through search engines when someone searches for your name. You may opt-out of this feature by editing your account settings; however, MyCred does not warrant how often third-party search engines will update their caches, which may contain old public profile information.
We may provide aggregated anonymous data about the usage of the Services to third parties for purposes that we deem, in our sole discretion, to be appropriate.
If you provide any testimonials about the MyCred Services, we may post those testimonials in connection with our promotion of these services to third parties. Testimonials may include your name and other personal information that you have provided.
g. Compliance with Legal Process
It is possible that we may need to disclose personal information, Portfolio information and/or information about your activities as a MyCred User when required by subpoena or other legal process, or if MyCred has a good faith belief that disclosure is necessary to (a) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (b) to enforce the User Agreement, to investigate and defend ourselves against any third party claims or allegations, or to protect the security or integrity of our site; and/or (c) to exercise or protect the rights, property or personal safety of MyCred, our Users, employees, or others.
h. Disclosures to Others as the Result of a Change in Control or Sale of MyCred or of RXinsider LTD
We may also disclose your personal information and other information you provide to another third party as part of a sale of the assets of MyCred, it's parent company, RXinsider LTD, a subsidiary or division, or as the result of a change in control of the company. Any third party to which RXinsider LTD transfers or sells MyCred's assets will have the right to continue to use the personal and other information that you provide to us.
3. Your Information Choices
a. Accessing and Changing Your Account Information
You can review the personal information you provided to us and make any desired changes to the information you publish, or to the settings for your MyCred account including your email and contact preferences, at any time by logging in to your account on the MyCred website. Please be aware that even after your request for a change is processed, MyCred may, for a time, retain residual information about you in its backup and/or archival copies of its database.
b. Default Settings
We have established what we believe to be reasonable default settings that we have found most professionals desire. Because Users may use and interact with MyCred in a variety of ways, and because those uses may change over time, we designed our settings to provide our users granular control over the information they share. We encourage our Users to review their account settings and adjust them in accordance with their preferences.
c. Closing Your Account
You can close your account through your MyCred account. If you close your MyCred account, we will remove your name and other personally identifiable information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain certain data contributed by you if MyCred believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. MyCred does not control when search engines update their cache, which may contain certain public profile information that has since been removed from MyCred's publicly viewable database.
d. Memorializing Accounts
If we learn that a User is deceased, we may memorialize the User's account. In these cases we may restrict profile access, remove functionality, and close an account if we receive a formal request from the User's next of kin or other proper legal request to do so.
4. Your Obligations
As a User, you have certain obligations to other Users. Some of these obligations are imposed by applicable law and regulations, and others have become commonplace in user-friendly communities of like-minded members such as MyCred:
b. You must not download or otherwise disseminate any information that may be deemed to be injurious, violent, offensive, racist or xenophobic, or which may otherwise violate the purpose and spirit of MyCred and its community of Users.
c. You must not provide to MyCred and/or other Users information that you believe might be injurious or detrimental to your person or to your professional or social status.
d. You must keep your username and password confidential and not share it with others.
Any violation of these guidelines may lead to the restriction, suspension or termination of your account at the sole discretion of MyCred.
5. Important information
a. Children and Minors
Children under the age of 18 are not eligible to use our service unless the account has been created by, purchased by, and monitored by a parent or legal guardian.
Using the MyCred Services after a notice of changes has been sent to you or published on our site shall constitute consent to the changed terms or practices.
In order to help secure your personal information, access to your data on MyCred is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and the MyCred website. To protect any data you store on our servers, MyCred also regularly audits its system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to MyCred. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails, instant messaging, and similar means of communication with other Users of MyCred are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
7. How to contact us
RXinsider LTD (dba MyCred)
ATTN: Legal Department
1300 Division Road
West Warwick, Rhode Island, 02893
MyCred is a company that aims to put its members first when it comes to making important decisions. These community guidelines are intended to provide our members guidance and complement the list of Do's and Don'ts found in the User Agreement governing your use of, and participation in, MyCred's online services.
1. Be Real.
Unlike some other online services, our members need to be real people, who provide their real names and accurate information about themselves. It is not okay to provide misleading information about yourself, your qualifications or your work experience, affiliations or achievements on MyCred's service.
2. Be Professional.
We ask our members to behave professionally by not being dishonest or inappropriate. We do not want you to use MyCred to shock or intimidate others. It is not okay to share graphic images to shock others, and it is not okay to share obscene images or pornography on MyCred's service.
3. Be Nice.
MyCred shouldn't be used to harm others. It is not okay to use MyCred's services to harass, abuse, or send other unwelcomed communications to people. Do not use MyCred's services to threaten violence or property damage, or for hate speech acts like attacking people because of their race, ethnicity, national origin, gender, sexual orientation, political or religious affiliations, or medical or physical condition. Also, please don't use MyCred's services to intentionally infect others with viruses, worms, or other software that can destroy or interrupt their data or computer devices. It is not okay to interfere or disrupt MyCred's service.
4. Respect Other's Rights and Follow the Law.
We do not want MyCred to be used for illegal activities or to violate the rights of others. Don't use MyCred's services to commit fraud. Before sharing or using someone else's copyrighted works, trademarks, private information, or trade secrets, please make sure you have the legal right to do so.
5. Respect MyCred's Rights.
Please don't violate the rights of MyCred. You can find more information about what this means in our User Agreement, but put simply, please don't use MyCred's services to wrongfully take data or information. It is not okay to suggest that you are affiliated with or endorsed by MyCred when you are not, and it is not okay to violate MyCred's intellectual property rights.
A cookie is a small file placed onto your device. Cookies enable us to identify your device, and enable the functioning of many MyCred features, including your ability to log into your account.
If you don't want to receive cookies, you can change your browser settings. If you use MyCred without changing your browser settings, we'll assume that you're happy to receive all cookies on the MyCred website. Please note that the MyCred site will not work properly without cookies.
What types of cookies does MyCred Use?
MyCred uses two types of cookies, persistent and session. A persistent cookie is set once you've logged in to your MyCred account. The next time you visit the MyCred website using the same device, the persistent cookie will enable us to recognize you as an existing user, so you may not need to log in before using our services. A session cookie is used to identify a particular visit to the MyCred website. Session cookies expire after a short time, or when you close your web browser. Other technology, such as Adobe Flash, can be used to place the functional equivalent of a cookie on your computer.
When does MyCred put cookies on my device?
What are cookies used for?
Cookies can be used to do lots of different things, like recognize you when you navigate to MyCred's site, storing your preferences and improving your experience. Cookies also make your interactions with MyCred more secure, faster, and help us ensure that your MyCred experience is personalized to you and in line with your settings.
3. Preferences, features and services
4. Performance, Analytics and Research
Most browsers allow you to control cookies through their settings preferences. Limiting the ability of websites to set cookies, however, may worsen your overall user experience.
COMPLAINTS REGARDING CONTENT POSTED ON THE MyCred WEBSITE
MyCred desires to offer a website where our Users share truthful and accurate information. We respect the intellectual property rights of others and desire to offer a website which contains no content that violates those rights. Our User Agreement requires that information posted by Users be accurate, lawful and not in violation of the intellectual property rights of third parties. To promote these objectives, MyCred provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures are described in the sections that follow.
In accordance with our User Agreement and these procedures, and regardless of whether MyCred may be liable for any alleged violation of rights or inaccurate or unlawful content, MyCred may remove or disable access to specified content appearing on the MyCred website upon receipt of a verified notice asserting that the content infringes intellectual property rights, is inaccurate, or is otherwise unlawful. Whether or not we disable access to or remove content, MyCred may make a good faith attempt to forward the written notification, including the complainant's contact information, to the User who posted the content and/or take other reasonable steps to notify the User that MyCred has received notice of an alleged violation of intellectual property rights or other content violation. The User may refute a claim by submitting a counter-notice as permitted in these procedures. Any counter-notice submitted may be provided to the complainant with the User's contact information. Our policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at our sole discretion. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who may infringe or repeatedly infringe the intellectual property rights of others, or who otherwise post inaccurate or unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Notice of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512), MyCred has implemented procedures for receiving written notification of claimed infringements. MyCred has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may contact us, or otherwise provide a written communication which contains:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description specifying the location on our website of the material that you claim is infringing;
4. Your telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please submit your notice to MyCred Corporation's Copyright Agent as follows:
Contact us by mail at:
RXinsider LTD (dba MyCred)
ATTN: Legal Department / Content Compliance
1300 Division Road
West Warwick, Rhode Island, 02893
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may contact us, or otherwise provide a written communication which contains:
1. Your physical or electronic signature;
2. Identification of the material removed or to which access has been disabled;
3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
4. Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in Rhode Island (Kent County), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to MyCred's Copyright Agent via MyCred's Contact Us form or mail to the addresses specified above.
CLAIMS REGARDING CONTENT AND INTELLECTUAL PROPERTY VIOLATIONS (OTHER THAN COPYRIGHT INFRINGEMENT)
To notify MyCred that you in good faith believe that content ("Specified Content') posted by a User on our website infringes your intellectual property rights (other than copyright -- in which case please see Claims Regarding Copyright Infringement) or is inaccurate or unlawful, you may contact us via MyCred's Contact Us form, and submit it to MyCred's Content Complaint Manager electronically or by mail as specified below. Any assertions made by you in submitting this form are under penalty of perjury.
MyCred's Content Complaint Manager can also be reached via mail or courier at:
RXinsider LTD (dba MyCred)
ATTN: Legal Department / Content Compliance
1300 Division Road
West Warwick, Rhode Island, 02893
If you believe the Notice Of Content and Intellectual Property Violations was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may contact our Content Compliance Department via MyCred's Contact Us form, or by mail at the addresses specified above. Any assertions made by you in submitting this form are under penalty of perjury. MyCred will process the Counter-Notice in accordance with its policies and procedures which remain in our sole discretion.