These Terms of Use were last revised on October 11, 2013.
Welcome to www.pathsource.com (the “Site”). The Site is operated by Career Eagle, Inc. d/b/a PathSource (collectively, “we”, “us” or “PathSource”). By accessing or using the Site or by registering as a member of the Site you (you are referred to hereafter as “User”, “you” or “your”) signify that you have read, understand and agree to be bound by these Terms of Service, whether or not you are a registered member of the Site.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
If you do not agree to abide by these or any future Terms of Service or the Privacy Policy [www.pathsource.com/legal], do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Please read these Terms of Service carefully, as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.
1. Eligibility; Accounts. the Site IS not available to (A) any Users previously suspended or removed from the Site by PathSource OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By using or registering an account for the Site, You represent (a) that You have not been previously suspended or removed from the Service by PathSource, (b) that You are either (i) at least 13 years of age or (ii) Your parent and/or guardian has consented to Your use of the Site; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
Account. In order to use certain features of the Site, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to PathSource, whether on registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify PathSource. You may be liable for the losses incurred by PathSource or others due to any unauthorized use of your Site account.
Child. If you are a User of the Site that is under the age of 13 (“Child”), you may not register an account for the Site without consent and approval from your legal parent or guardian. A Child that begins the registration process for himself or herself without a Parent may have the registration process restricted until a Parent, Counselor or Teacher approves or assumes responsibility for the Child’s account. Additionally, a Child may use the Site if registered through certain educational organizations and schools that have entered into a relationship directly with PathSource and through which educational organization the legal parent and/or guardian of such Child has consented to use of the Site. A Child who has registered through such external educational organizations will only be permitted to use the Site for so long as PathSource reasonably believes that such access has been consented by the Child’s parent of guardian.
Parent. If You are at least 18 years of age and you are the legal parent or guardian of a Child that seeks to register for the Site, you may register your child for the Site. If you are a Parent you may create, register, manage and approve accounts only for your own children, or children for whom you are a legal guardian. Child accounts may be terminated by PathSource at any time and without warning for any failure to abide by these Terms. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD’S LEGAL PARENT OR GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE WEBSITE BY THE CHILD. You acknowledge that PathSource may choose, but is not obligated, to make any inquiries, either directly or through third parties, that PathSource deems necessary to validate Your registration information, including without limitation engaging third parties to provide verification services. PathSource reserves all rights to take legal actions against anyone who misrepresents personal information or is otherwise untruthful about their identity. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE THAT PATHSOURCE CANNOT GUARANTEE THE ACCURACY OF ANY INFORMATION SUBMITTED BY ANY USER AND PATHSOURCE IS NOT OBLIGATED TO VERIFY THE IDENTITY OF ANY USER, INCLUDING ANY USER’S CLAIM TO BE A PARENT OR TEACHER, OR TO VERIFY THAT A PARENT IDENTIFIED BY A CHILD OR A TEACHER DURING REGISTRATION IS SUCH CHILD’S ACTUAL PARENT OR GUARDIAN.
The Site may include a social networking interface through which you can post messages and respond to the messages of others. PathSource does not assert any ownership over the information and content posted or uploaded by its members onto the Site in the community or private areas (“User Content”) and, except for the below license, you retain all rights that you may have in the User Content you post or upload. By posting User Content to the Site you grant, and you represent and warrant that you have a right to grant, PathSource and our affiliates, subject to the terms of the Privacy Policy and for purposes of operating, developing, and expanding the Site, a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Content. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
You may not post, transmit, or share User Content on the Site that you did not create unless you own rights in such User Content or have permission to post such User Content from the owner of such content. You understand and agree that the PathSource may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates these Terms of Service, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to PathSource.
You agree not to disclose to any person or entity personally identifiable information about other members that you learn while using this Site without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the below restriction on non-commercial use.
In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect PathSource’s systems and customers, or to ensure the integrity and operation of PathSource’s business and systems, PathSource may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content.
In your communications with PathSource, please keep in mind that unless we expressly request them, PathSource does not seek any unsolicited ideas or materials, e.g. materials you authored (the “Unsolicited Ideas and Materials”), for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs for scientific tools or otherwise. Any information and materials you post on or send to us via the Site or any associated app (regardless of whether we have requested them or not) are deemed Unsolicited Ideas and Materials and are licensed to us as set forth below. You agree that (a) your Unsolicited Ideas and Materials will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) PathSource does not assume any obligation of any kind to you or any third party with respect to your Unsolicited Ideas and Materials.
By providing Unsolicited Ideas and Materials to us or others via the Site or any associated app, you hereby grant to PathSource a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Unsolicited Ideas and Materials (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such Unsolicited Ideas and Materials and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any Unsolicited Ideas and Materials for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to PathSource to your Unsolicited Ideas and Materials, you also hereby grant to PathSource, and agree to grant to PathSource, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any Unsolicited Ideas and Materials, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Unsolicited Ideas and Materials, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted herein.
All content on the Site (other than your User Content), including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Site Content”) are the proprietary property of PathSource, it licensors, or other Users. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without PathSource’s prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. You are granted a limited license to access and use the Site and the Site Content in accordance with these Terms of Use, including any member areas to which you have properly gained access, solely for your personal, non-commercial use. Except for your own User Content, you may not upload or republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights.
The Site or a mobile application associated with the Site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Site’s or an application associated with the Site’s features, and the ability to upload content to the Site or associated applications, receive messages from the Site or any associated app, and download applications to your wireless Internet device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless device regarding us or other parties that are pre-approved by the user.
You shall not post, upload, transmit or share any information or other content on the Site that:
You shall not interfere with other members’ use and enjoyment of the Site (for example, by harassing, threatening or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). You may not use the Site to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
You shall not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) of PathSource without PathSource’s express written consent in advance.
You shall not solicit personal information from anyone under the age of 18 or solicit passwords from any member. You shall not use contact information provided by members, or collect email addresses of other information about our members, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your membership account to take such actions.
You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means or use the Site in a manner that could damage, disable, or impair the Site.
PathSource may remove any content that you upload or post at the Site or disable your access to the Site at any time, for any or no reason, and without notice to you.
If you register as a member of the Site, you agree to provide accurate and complete information about you as may be prompted by any registration forms on the Site. To the extent such information about you changes, you agree to promptly update such registration information with the Site to keep it accurate, current and complete. You shall not register for more than one User account or impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify PathSource of any unauthorized use of your membership password or login.
You agree that you have read, understood and accept the terms of PathSource’s Privacy Policy. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.
You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray PathSource or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use any logo or other proprietary graphic or trademark of PathSource to link to the introductory page of this Site without the express written permission of PathSource. This limited right may be revoked at any time.
PathSource may contain links to other websites that are not under the control of PathSource. The inclusion of any link does not imply endorsement by PathSource of such site and PathSource is not responsible for the content of such linked sites. If you decide to leave the Site and access a third party website, you do so at your own risk.
You agree that PathSource may, with or without cause, immediately terminate your PathSource membership and access to the Site (including to User Content you may have posted) without prior notice. Without limiting the foregoing, the following may lead to a termination by PathSource of a member’s membership and use of the Site:
PathSource has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
PathSource reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.
The Site and the content and services made available on the Site are provided on an “as is” and “as available” basis. PathSource does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Site, the Site content, or any advice or services provided through the Site to the extent permitted by law. PathSource does not warrant that access to the Site, your or other members’ User Content, other Site content. or services will be uninterrupted or error-free, that defects in the site will be corrected, or that the Site is free from viruses or other harmful components.
The advice, recommendations, information, and conclusions posted or emailed by other members of the Site are not in any way vetted, approved or endorsed by PathSource, and you use such information at your own risk.
You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk.
Under no circumstances shall PathSource, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages), including but not limited to for lost data, due to your use of this Site or due to your reliance on any of the content contained or the services provided on or through the Site.
You agree to indemnify and hold harmless PathSource, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your use of this Site or your violation of these Terms of Use.
If you register as a member, you agree that PathSource may send notices and solicitations to you, by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”), provided by you to PathSource are non-confidential and that PathSource shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Notification. If you are a copyright owner or an agent thereof and believe that any User Content or other Site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information:
PathSource’s designated Copyright Agent for notice of claims of infringement is:
Copyright Agent
PathSource
1633 Bayshore Highway, #139
Burlingame, CA 94010
Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to PathSource’s customer service through support@pathsource.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
Counter-Notification. If you believe that any User Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Content, you may send a counter notification containing the following information to the Copyright Agent:
If a counter notification is received by the Copyright Agent, PathSource may send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, we may, in our sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, PathSource may, in appropriate circumstances, terminate access, at PathSource’s sole discretion, of any User that we find to be a repeat infringer of others copyrights. PathSource may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such User is a repeat offender or not.
These Terms of Service shall be governed by the laws of the State of California and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of California and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of California.
“PathSource™” and the Path Source logo are trademarks of Career Eagle, Inc. You agree not to display or use these trademarks in any manner without PathSource’s prior, written permission.
PathSource may assign this agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this agreement.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
The failure of PathSource to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in any that or any instance.
If you have any questions or suggestions regarding these Terms of Service, please contact PathSource at:
support@pathsource.com or 1633 Bayshore Highway, #139, Burlingame, CA 94010