Content: all information placed on the Platform by Stuvia itself, including but not limited to the layout, look and feel of the Platform, the logos and trademarks as well as certain texts.
Intellectual Property Rights: all the intellectual property rights and associated rights such as copyright, trademark rights, patents, model rights, trade name rights, database rights and neighbouring rights as well as the rights to know-how and one-line performances.
Platform: the Platform that can be accessed through the website www.stuvia.com and underlying web pages which offer you the possibility to download or upload Study Materials whether or not against payment.
Profile: an individual or group section created and maintained by you when you register for the Platform.
Study Material: all information offered by you or other users of the Platform on the Platform whether or not for payment.
Stuvia: the private company Stuvia NL (applicable when citizen of The Netherlands) or the private company Stuvia International (applicable when citizen outside of The Netherlands), subsidiaries of Stuvia B.V., having its registered offices at Overtoom 141, 1054 HG in Amsterdam, the Netherlands.
Transaction Costs: the costs incurred by Stuvia in providing the transactions and offering the Platform. The height of these costs is stated on the Platform and can be amended by Stuvia from time to time.
3.1 In order to be able to use the Platform optimally you have to create a Profile in the way described on the Platform. You guarantee to Stuvia that the information provided by you on creating your Profile is strictly complete, true and accurate. When creating a Profile, you must give a username and password which will allow you to access the Platform and your Profile.
3.3 You yourself are responsible for the correctness and completeness of the data you have provided as well as the alteration of the data in the event that it is no longer accurate. You acknowledge and understand that the correctness and completeness of the data is very important for the Platform to operate optimally. Stuvia cannot make any payments to you if your bank account number is no longer accurate.
3.4 The data you provide during the registration process will be stored in a database and will be processed in accordance with the privacy statement which you can find here.
3.5 You yourself are responsible for keeping your username and password combination confidential. You are not allowed to give your username and/or password to third parties and/or to otherwise grant third parties access to your Profile. You are therefore liable for all the use made of the Platform through your username and password. Stuvia can assume that you are indeed the person who has signed in with your username and password. As soon as you know or have reason to assume that a username and/or password has come into the hands of unauthorised persons, you must inform Stuvia of this notwithstanding your own obligation to take immediate effective measures yourself such as changing your password.
3.6 Stuvia is at any time entitled to change, alter or shut down the Platform without becoming liable to you in any way. If you do not agree with the changes and/or amendments made by Stuvia, your only remedy is to cease the use of the Platform and to delete your Profile.
3.7 Stuvia reserves the right to change the registration procedure, your password and/or username in the event Stuvia decides that this is in the best interests of the operation of the Platform.
3.8 Stuvia cannot be held liable for any damages resulting from any unauthorized access and/or use of the Platform by third parties.
3.9 You acknowledge and agree that by creating a Profile you automatically grant Stuvia a free of charge, unencumbered, worldwide, sub licensable, non-exclusive license to publish and reproduce certain personal data from your Profile, such as your username and Profile picture, in the light of offering the platform, for instance for promotional purposes. This license ends automatically if you delete the Study Material and your Profile.
4.1 You acknowledge and agree that Stuvia only offers a Platform which allows you to exchange Study Material with other users. Stuvia has no knowledge of and/or involvement with the Study Material and/or other information submitted to the Platform by you or other users. Stuvia therefore accepts no liability whatsoever for the Study Material offered by you or other users by means of the Platform.
5.1 By means of the Platform you can upload Study Material. This Study Material can subsequently be downloaded by other users whether or not for payment. Your Profile will state what Study Material you offer on the Platform, for payment or for free. Your Profile will also state the income generated by you.
5.2 The manner in which the Study Material can be uploaded to the Platform as well as the allowed format are stated on the Platform. You decide what Study Material is uploaded and in what manner you manage this Study Material. Stuvia has no influence on or involvement with the Study Materials uploaded as well as the manner in which it is managed by you.
5.3 If you decide to offer Study Material against payment, you yourself can decide the height of the payment. However, there is a minimum price which is stated on the Platform. You can also decide how many pages are accessible for free as an example. Stuvia reserves the right to at least make the first page of the Study Material freely accessible whether or not the Study Material is offered for payment.
5.4 Stuvia reserves the right to insert advertisements of third parties into Study Material that is offered for free. These advertisements will be placed in the Study Material by means of an automated process.
5.5 Stuvia reserves the right to convert the Study Material you uploaded to another format. Stuvia also reserves the right to insert an automatically generated watermark/logo of Stuvia in any Study Material.
5.7 If you upload Study Material to the Platform, you guarantee that:
5.9 You acknowledge and agree that by uploading Study Material to the Platform, you automatically grant Stuvia a free of charge, unencumbered, worldwide, sub licensable, non exclusive license to publish and reproduce the Study Material in the light of offering the Platform. This license automatically ends if you remove the Study Material from the Platform.
5.10 With regards to the creation of Flashcards & Annotations on document, the user hereby transfers all present and future rights of intellectual property vested in works submitted to the Website to Stuvia regarding to Flashcards and Annotations, which transfer is hereby accepted by Stuvia. If necessary to bring about a transfer of intellectual property right, User hereby irrevocably agrees to cooperate with and perform any legal act necessary to establish such transfer.
Insofar as any intellectual property rights on Flashcards & Annotations are incapable of being (completely) transferred from the User to Stuvia, User hereby grants Stuvia the exclusive, irrevocable, royalty-free, worldwide, perpetual right, with the right to grant sublicenses, to use those intellectual property rights in the broadest sense, which right is hereby accepted by Stuvia.
Insofar as any personal or moral rights vest in User and insofar as permitted by law, User hereby waives all of her personal or moral rights.
6.1 By using the Platform it is possible to download Study Material whether free or for payment. It is necessary to have a Profile if you wish to download Study Material. The profile will show what Study Material you have downloaded. The Study Material you have downloaded will remain accessible to you, unless you delete it yourself. After the deletion of Study Material you will no longer be able to access it unless you download it again, if that is still possible.
6.2 If you create a Profile you have the possibility to rate the Study Material of other users in the manner stated on the Platform.
6.3 If the Study Material is offered for payment, you must pay the requested amount in advance before you can download the Study Material. Payment options are stated on the Platform. Further details regarding payments are listed in article 7.
6.4 As mentioned in article 4.1, Stuvia will reimburse your payment if your not able to download and/or view the study material due to an error in the Platform. To apply for our money back guarantee, you must meed to following conditions:
7.2 All payments are done in cooperation with a third party. All payments are first made to this third party. The third party will once a month transfer all received payments to Stuvia. Stuvia will divide the payments subsequently to the users who sold their Study Material.
7.3 From the amount that is paid to every respective user, the transaction costs will be deducted. If you upload Study Material and set a price on the Platform you can, in real time, see the amount of money you will receive grossly.
7.4 With regard to the amount of payments you receive from Stuvia, the data of Stuvia will be assumed to be correct unless you can prove this data to be incorrect.
7.5 Students are able to decide for themselves how much money they would like to deposit, with a minimum of €10,-- or a similar sum in the currency the student is using the Platform in (e.g. British Pound Sterling or US Dollars). Stuvia accumulates deposits and transfers the money once per week. There is no interest paid on remaining money from the virtual account (My Balance). In case of a balance equal to or higher than €150,--, or a similar sum in the currency the student is using the Platform ( e.g. British Pound Sterling), the Platform deposits automatically.
7.6 Stuvia accepts no liability whatsoever regarding errors in the orders of Study Materials, for instance, regarding the number of copies or the type of Study Material. It is not possible to cancel the purchase of any Study Material or to change. Furthermore, Stuvia does not facilitate remunerations. For any of the issues above, Stuvia refers you to the user responsible for selling the Study Material.
7.7 Students are personally responsible for any necessary declaration of income at the tax collector's office in the country where tax is to be paid.
8.1 In order to stop infringement of the rights of third parties as soon as possible, Stuvia has developed a procedure for reporting infringing Study Material by means of a notice.
8.2 If you claim that certain Study Material infringes on your rights, you can report this alleged infringement to Stuvia by sending a notice to email@example.com. Stuvia will examine the notice and, if possible and necessary, take the measures stated in this article.
8.3 The notice should include:
8.4 Stuvia reserves the right to forward the notice to the party responsible for the Study Material to which the notice refers.
8.5 In the event that it is evident from the notice that the Study Material the notice refers to is manifestly unlawful, Stuvia will remove or block access to the Study Material.
8.6 Stuvia reserves the right not to grant a request to remove or make inaccessible Study Material if it has well-founded reasons to doubt the accuracy of the notice or the lawful nature of the evidence submitted, or if the Study Material to which the notice refers do not appear to be manifestly unlawful. Within that scope Stuvia may for instance require a judicial decision of a competent court in the Netherlands, whose decision demonstrates that the Study Material concerned is manifestly unlawful.
8.7 By issuing a notice you indemnify Stuvia against any claim of third parties with regard to removing or making inaccessible the Study Material and/or the provision of the name, address and place of residence of the user who sent the notice. Such indemnification also covers all the damage that Stuvia suffers and the costs it incurs in relation to such a claim, including - but not limited to - reimbursing the costs of legal assistance.
8.8 Stuvia will not in any way whatsoever be a party to any dispute between the party that issued the notice and the other party.
9.1 Stuvia is entitled to put the Platform (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay compensation to you, if in the opinion of Stuvia this is necessary, for instance, in connection to the required maintenance of the Platform.
9.2 Stuvia is entitled to make procedural and technical changes and/or amendments to the Platform without giving you prior notification.
9.3 Stuvia does not guarantee that the Platform or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Platform can occur, as a result of failures in the internet or phone connection or by viruses or faults/defects. Stuvia is not liable or obliged to the user to pay compensation in any way whatsoever for any damage resulting or arising from the website being (temporarily) unavailable.
10.1 The Intellectual Property Rights regarding the Platform, as well as all Content published on and/or transmitted by means of the Platform, with the exception of the Study Material, are vested in Stuvia and/or its licensor(s).
10.3 You may not change, render illegible or remove any trademark or recognition signs affixed to the Website, the Content and/or any references to Intellectual Property Rights.
10.5 Without prior written consent of Stuvia no one is allowed to retrieve and re-use a substantial part of the Contents of (parts of) the Platform and/or retrieve and repeatedly and systematically re-use non-substantial parts of the Contents of the Platform within the sense of the Dutch Databases Act.
10.6 Study Material offered on Stuvia is only to be used as a study aid. You are not permitted to submit Study Material found on Stuvia as your own work if it is not, as this is in breach of copyright. This is also plagiarism and constitutes academic misconduct at all academic institutions.
11.1 Stuvia will not accept any liability for damages as a result of offering you the Platform, an unlawful act or otherwise, other than as stipulated in this article.
11.2 In the event that Stuvia is liable for any damages, whether caused by an attributable failure or an unlawful act, the height of these damages is limited to the amount actually paid by Stuvia's insurance company. In the event that the insurance company does not pay anything, article 11.3, 11.4 and 11.5 apply.
11.3 Stuvia is only liable for direct damages (as described below) which you suffer as a result of an attributable failure in the performance of the agreement ('wanprestatie') or pursuant to an unlawful act ('onrechtmatige daad') or otherwise insofar as this is allowed under mandatory law up to an amount of EUR 1,000.--. The entire and complete liability of Stuvia under its agreement with you will never exceed this amount.
11.4 Direct damages shall exclusively pertain to:
11.5 To the maximum extent permitted by applicable law, in no event shall Stuvia be liable for any special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for the loss and/or corruption of data for loss of privacy arising out of or in any way related to the use of or inability to use the Platform as well as all other forms of damage different from the those mentioned in article 11.4), even if Stuvia has been advised of the possibility of such damages and even if the remedy fails in its essential purpose.
11.6 The above limitation of liability in this paragraph shall cease to apply if and insofar as the loss is due to Stuvia's wilful intent or gross negligence.
11.7 In using the platform you guarantee that you have thoroughly checked the rules, regulations and provisions governing your university and that you are allowed to use the services offered by Stuvia. Stuvia accepts no liability or responsibility for your decision to use the Platform, should this decision be against your university's regulations or provisions regarding academic work.
12.1 In the case of Force Majeure the non fullfilment of the agreement between you and Stuvia can not be counted as an attributable failure and the agreement between you and Stuvia does not exist.
12.2 Force majeure includes, but is not limited to, illness of employees and/or absence of personnel crucial for the provision of the Platform, disruptions of the electricity supply, fire, natural disasters, strikes, floods, failures to perform by third parties hired by Stuvia, disturbances in the internet connection, hardware disruptions, disruptions in the (telecommunications) networks and other unforeseen circumstances.
13.1 You are entitled to terminate the agreement at any time by discontinuing the use of the Platform and terminating your Profile.
13.4 If you do not access your Profile by 'logging on' to your Profile using your username name and password for any consecutive period of 12 months, then after those 365 days (the 'Grace Period') your Profile will be deemed 'Inactive'.
Once your Profile has been deemed ‘Inactive’ we will be entitled to charge you an administrative fee (the 'Inactive Profile Fee') of EUR 5(or an equivalent amount in GBP, USD, or ZAR converted with the currency rate on that particular moment), which shall be deducted monthly from your Profile Balance thereafter as long as you are deemed as ‘Inactive’ and you have a positive Profile Balance.
You can reactivate your Profile by logging on to your Profile again. The monthly ‘Inactive Profile Fee' will automatically stop.