Terms and Conditions
"Agreement" means the agreement for the provision of Services by the Company to the Customer
"Charges" means the charge You shall pay to access the Website - the charge depends on the duration of your registration with the Company;
"Code" means any computer language or code used by the Company in the creation of the Website
"the Company" means MightyStudents.com company.
"Customer" means anyone registering on the Website for the purposes of access to the Essay data base displayed on the Website
"Essay Material" means essays and academic papers displayed on the Website.
"Intellectual Property" means all or any of copyright trade marks trade names patents know-how designs and software
"Services" means the provision by the Company of Essay Material on the Website and the provision of access to such Essay Material for the Customer for viewing and downloading the same.
"Website" means the Company’s Website www.mightystudents.com displaying Essay Material
1.2 Words denoting the masculine gender shall include the feminine and neuter genders and vice versa and words denoting the singular shall include the plural and vice versa
1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.
1.4 Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time
2. Use of the Website
2.1 The provision of the Services to the Customer by the Company and access to and use of the Website is subject to these terms and conditions. The Customer’s use of the Services constitutes his acceptance of an agreement with the Company to all such conditions without modification.
2.2 The Company reserves the right to change the terms and conditions under which the Services are offered. The Customer is responsible for regularly reviewing these terms and conditions and additional terms as posted on the Website. The Customer's continued use of the Services constitutes his agreement with the Company to all such amended or additional terms and conditions.
2.3 The Company may at any time without notifying the Customer make any changes to the Services which are necessary to comply with any safety or other statutory requirements or which do not materially affect the nature or quality of the Services.
2.4 The Company grants to the Customer a limited license to access and view samples of Essay Material displayed on the Website but not to download the same until the Customer has registered and paid the charges as referred to in Clause 3 hereof.
3. Registration and Payment
3.1 Customers must complete the registration process by providing current complete and accurate information as prompted by the applicable registration form.
3.2 If any of the information the Customer has provided changes, then the Customer is responsible for updating that information.
3.3 The Customer is entirely responsible for maintaining the confidentiality of their password allowing them access to the Website and shall not allow any third party to use their password to gain access to the Website and agrees to notify the Company immediately of any unauthorized use of the password.
3.4 The Company will not be liable for any loss or damage a Customer may incur as a result of someone else using his password either with or without his knowledge.
3.5 No access to the Website for the full viewing and downloading of Essay Material shall be allowed until the Customer has paid the Charges in full.
3.6 The Registration Fee is payable by credit/debit card or PayPal.
3.7 Once the Customer's registration has been processed, any refund of the Subscription Fee will be at Company's sole discretion.
3.8 Once the payment has been processed for the Customer's Download request, any refund is at Company's sole discretion to accept or refuse any refunded amount.
4. Intellectual Property Rights
4.1 The property and copyright or other Intellectual Property rights in the Essay Material belongs to the Company but the Company shall grant to the Customer a non-assignable non-exclusive license to view and download Essay Material for personal study purposes and as a study and revision aid only. No license is granted for the use of Essay Material for any other purpose whatsoever (including, without prejudice to the generality of the foregoing, use in any essay, coursework or dissertation written by the Customer).
4.2 Copyright in any Code used in the provision of the Services or the Website shall remain the property of the Company but the Company shall grant to the Customer a non-assignable non-exclusive license to use the Code for the purpose of using the Services and the Website but for no other purpose provided the Customer keeps intact all copyright and other proprietary notices. Subject to the provisions of Clause 4.1 above any reproduction or redistribution of the Essay Material and /or Code is expressly prohibited by law and copying or reproduction of the Essay Material and / or Code to any other server or location for further reproduction or re-distribution is expressly prohibited.
5. Essay Material provided by Customer
5.1 A Customer may send Essay Material to the Company for inclusion on the Website. A Customer grants the Company a right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display an Essay (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
5.2 The Company shall notify the Customer in writing or by email if it accepts such Essay material for use on the Website and the following provisions shall then apply.
5.3 When initially creating a membership account through the process of Submitted Essay, you need to have a minimum of 2 Submitted Essays, all of which must pass a validation process in order to gain access. After the initial acceptance of two Submitted Essays You can subsequently submit one document at a time to extend Your membership period.
5.4 The Customers have 3 days free access to the Website for each work uploaded without payment of any Charges for the purposes of using the Services but shall receive no payment or additional compensation for the Essay Material. During this period of time the Registration Fee shall not be payable.
5.5 The Customer warrants that the Essay Material and its use by the Company for the purpose of providing the Services will not infringe the copyright or other rights of any third party and the Customer shall indemnify the Company against any loss damages costs expenses or other claims arising from any such infringement.
5.6 The Customer assigns the copyright or other Intellectual Property rights in the Essay Material to the Company and the Company grants to the Customer a non-assignable non-exclusive license to use the Essay Material in connection with his own studies but for no other purpose whatsoever.
5.7 The Customer shall not send Essay Material to the Company which if displayed on the Website would or might display or disseminate the following:-
5.7.1 Anything which may defame abuse harass threaten or otherwise violate the legal rights of others
5.7.2 Any inappropriate profane defamatory obscene indecent or unlawful content.
5.7.3 Any material or information that incites or is likely to incite discrimination, hate or violence towards one person or a group because of their sex or sexual orientation or because of their belonging to a race, a religion or a nation or that insults the victims of crimes against humanity by contesting the existence of those crimes
5.7.4 Material that contains viruses, Trojan horses, worms, time bombs, cancel bots, corrupted or any other similar software or programs that may damage the operation of another's computer or property of another.
5.7.5 Information or material that violates any applicable laws or regulations.
5.8 The Company reserves the right to terminate the Agreement and withdraw provision of the Services without prior warning to any Customer who is in breach of the provisions of clause 5.7 above
6. Warranties and Liability
6.1 Subject to any express provisions of these conditions the Company makes no representations nor gives any warranties about the accuracy suitability or reliability of any Essay Material displayed in the Website or about its use for any purpose.
6.2 Subject to any express provisions of these conditions the Company makes no representations about the suitability reliability availability timeliness lack of viruses or other harmful components and accuracy of the Website Code and Services for any purpose. The Company does not warrant that the use of the Services will meet the Customer's expectations.
6.3 The Company shall not be responsible for the outcome of any use by the Customer of Essay Material.
6.4 The Company does not warrant that the Services will remain fully operational at all times and will not be affected by malicious attacks, viruses and denial of service attacks
6.5 The Company gives no warranty for the quality reliability or service of any third party service provider (if any) and does not warrant that the Services and the operation of the Website will be uninterrupted or without error
6.6 The Company cannot guarantee that correction of any error or problem will be provided with any specific time scale but where the Company estimates that any correction will take more than 2 working days it will provide, where reasonably practicable a work around or patch
6.7 The Company shall not be liable to the Customer or deemed to be in breach of the Agreement by reason of the Website going down for less than 3 days in any month. If the Website were to go down for more than 3 days during any month then the number of days during which the Website was interrupted up to a maximum of 5 will be added manually to the end of the period for which the Customer has paid for access to the Website and requested an extension by mail.
6.8 The Company shall not be liable to the Customer or deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of the Company's obligations in relation to the Services if the delay or failure was due to any cause beyond the Company's reasonable control
6.9 Except in respect of death or personal injury caused by the Company's negligence or as expressly provided in these conditions the Company shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the Agreement for any loss or profit, loss of business or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company or its servants or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Customer and the entire liability of the Company under or in connection with the Agreement shall not exceed the amount of the Charges for the provision of the Services except as expressly provided in these conditions.
If the Customer is not satisfied with the Services and shows reasonable grounds for dissatisfaction with the Services, then on notification of such grounds to the Company and acceptance by the Company that such grounds are reasonable, the Company will refund the Charges to the Customer.
8. Data Protection
8.1 Company will never sell, transfer or release your personal information to any third party or mailing list services. Company will never publish the names, email addresses, web site addresses or any personal information of its current or former customers without their prior written consent. Company does collect the site visitor's system information such as IP address and user agent information; however, this information is kept private and not used to identify the site's visitors. It is only used to make the site operable and to gather anonymous statistics for site improvement purposes. This information is never sold or otherwise released to a third party. Company may place cookies in your browser. These are designed to manage your user sessions only. Company will never install any spyware, malware, or Trojan horse programs to your computer. Company may occasionally email its customers with information pertaining to their order or with related offers and information. Company will only use its customers' credit card information as intended by these customers. All customers' credit card information is secure with us.
9.1 Either party may (without limiting any other remedy) at any time terminate the agreement by giving written notice to the other if the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so or if the other goes into liquidation or (in the case of an individual or firm) becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed. In the event that the Agreement is terminated, the Company shall not be required to refund any of the Charges paid by the Customer
10. Additional Services
The Agreement constitutes the sole Agreement between the Company and the Customer regarding the provision of Services.
11.1 This Agreement constitutes the entire agreement between the parties, supersedes any previous agreement or understanding and may not be varied except in writing between the parties.
11.2 Neither party may assign, transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
11.3 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as any at the relevant time has been notified pursuant to this provision to the party giving the notice.
11.4 No failure or delay by either party in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right and no waiver by either party of any breach of the Agreement by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.5 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.