WriteCheck™ User Agreement
En.writecheck.com (the "Site") and its services are maintained by Turnitin, LLC ("Turnitin"), and offered to you, the user ("You"), conditioned upon Your acceptance of the terms, conditions, and notices contained herein without modification (the "User Agreement"). By clicking the "I Agree to the above Terms & Conditions" box below You: (1) represent that You have read and understand, and have the capacity and authority to enter into, this User Agreement; and (2) agree to be bound by all of its terms and conditions. You should review this User Agreement carefully. If You breach the User Agreement, Your authorization to use the Site may automatically terminate. Only students may use this Service. Educational institutions, publishers, corporations, governmental entities, and others are not eligible to use this Site.
Scope of Services. The Site offers certain document checking, plagiarism detection services (the "Services") which allows You to check Your papers for possible textual matches against Internet-available resources, Turnitin™ own proprietary database, and databases licensed from other third parties. The Site is owned and operated by Turnitin. Turnitin, its subsidiaries, affiliates, licensors and/or vendors own all rights in and to the Services, all materials created by the Services, including the format of reports evaluating textual sources ("Reports"), and all intellectual property rights related thereto. The Site and Services are protected by United States and international copyright and trademark laws. With the exception of the limited license granted below, nothing contained in this Agreement grants You any right, title, or interest in the Site or Services or any of Turnitin™ intellectual property or proprietary information. Any rights not expressly granted to You by this User Agreement are reserved by Turnitin and/or its affiliates, vendors and licensors.
License to Use Papers Submitted. With regard to papers submitted to the Site, You hereby grant Turnitin a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, archive and otherwise use in connection with the Services any paper You submit to the Site. Please note that papers submitted to the Site are not read or reviewed by any individuals, but rather are only analyzed using the Service.
License to Use Services and Site. Turnitin grants You a non-transferable, non-exclusive license to use the Services and Site, solely for Your personal, non-commercial use to obtain the Reports for which you have paid the applicable fees. No other license is granted by implication, estoppel or otherwise. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or Services from the Site without the prior written consent of Turnitin. You further agree not to cause or permit the disassembly, decompilation, recompilation, or reverse engineering of the Site or Services. You may not remove any proprietary notices (e.g., copyright and trademark notices) of Turnitin from the Site, Services, or Reports. All fees paid by You for the Services and Site are non-refundable. Only You may use Your password in accessing and using the Services. You may not share your password with anyone else.
The WriteCheck services and web site are licensed for use as described herein, and not intended for use by individuals or services through which students, researchers, or other individuals can obtain written work for submission as their own original work.
Suspension. Turnitin may, in its sole discretion, suspend or terminate Your access to the Site and Services to (i) prevent damages to, or degradation of, the Services; (ii) comply with any law, regulation, court order, or other governmental request; (iii) otherwise protect Turnitin from potential legal liability; or (iv) address a breach of this User Agreement.
Warranty Disclaimer. THE SITE, SERVICES, AND REPORTS ARE PROVIDED "AS IS," WITH ALL FAULTS, AND "AS AVAILABLE". TURNITIN AND ITS LICENSORS DO NOT WARRANT THAT THE SITE, SERVICES, OR REPORTS WILL MEET YOUR REQUIREMENTS, OR THAT ANY REPORTS, RESULTS OR COMPARISONS GENERATED BY THE SITE WILL BE COMPLETE OR ACCURATE. TURNITIN DOES NOT WARRANT THAT ACCESS TO THE SITE OR THE OPERATION OF THE SERVICES OR LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TURNITIN AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE ACCESSED AND USED OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT TURNITIN DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, COMPUTERS, OR NETWORKS. TURNITIN SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES.
Limitation of Liability. NEITHER TURNITIN, NOR ITS LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES WILL BE LIABLE UNDER ANY THEORY FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE YOUR USE OF THE SITE, REPORTS, SERVICES OR INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF TURNITIN, ITS LICENSORS, SUPPLIERS AND THEIR RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF TURNITIN, ITS LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THIS USER AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES, IF ANY, YOU PAID TO TURNITIN FOR THE SERVICES IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY. YOU ASSUME ALL LIABILITY AND RESPONSIBILITY FOR INTERPRETING THE REPORT OR SHARING THE REPORT WITH ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS TURNITIN™ LIABILITY UNDER THIS USER AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification. You agree to indemnify, defend, and hold harmless, Turnitin, its affiliates, officers, directors, employees, agents, suppliers, and licensors, from any claims, losses, damages, deficiencies, liabilities, costs and expenses (including attorneys' fees and costs) arising from Your (a) use of the Site or the Services, (b) violation of any third party's rights, or (c) breach of this User Agreement. For clarity, this indemnification applies both to direct claims between You and Turnitin and third-party claims. You agree to cooperate as reasonably required in the defense of any claim. Turnitin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, You agree not to settle any such matter without the prior written consent of Turnitin. Your obligation to defend and indemnify Turnitin survives the termination of this User Agreement and Your use of the Site.
External Hyperlinks from the Site. The Site contains hyperlinks to third party Web sites. External hyperlinks to or from the Site do not constitute Turnitin™ endorsement of, affiliation with, or recommendation of any third party or its Web site, products, resources or other information. Turnitin is not responsible for any software, data or other information available from any third party Web site. You are solely responsible for complying with all terms and conditions of use for the third party sites. You acknowledge that Turnitin shall have no liability for any damage or loss arising from Your access to, use of or reliance on any third party Web site, software, data, or other information.
General. This User Agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts in Alameda County, California, U.S.A., in all disputes arising out of or relating to the use of the Site or the Services. Turnitin™ performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of Turnitin™ right to comply with law enforcement requests or requirements relating to Your use of the Site or the Services or information provided to or gathered by Turnitin™ with respect to such use. You agree that any claim or cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arose. Otherwise, such claim or cause of action is barred forever. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of the User Agreement shall continue in effect. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the User agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This User Agreement constitutes the entire agreement between You and Turnitin with regard to its subject matter and supersedes any and all prior negotiations, representations and agreements, whether written or oral, between the parties.
ETS' e-rater(R) scoring service
The score and/or feedback received from the e-rater® technology should be considered as one piece of evidence about a student’s writing ability. When a score from the e-rater engine is being used for an important decision about a student’s performance, instructors should review and evaluate the score and/or feedback to ensure that the appropriate decision about placement or performance has been made.
The user understands and agrees that the Scoring Service may not be used for any other purpose, or provided to any other party, than as described herein. User shall indemnify and hold Turnitin (“Company”) and/or Educational Testing Service (ETS) harmless from any and all claims arising out of the use of the Scoring Service or user of the scores and/or feedback to determine placement of, or grades for students, or for any other purpose.
THE E-RATER SCORING SERVICE (GRAMMAR-CHECKING FEATURE) PROVIDED BY ETS IS PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND AND ETS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE E-RATER SCORING SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ETS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY PRODUCTS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
ETS License to use Papers Submitted
With regard to papers submitted to the Site, You hereby grant ETS a non-exclusive, royalty-free, perpetual, world-side, irrevocable license to reproduce, transmit, display, disclose, archive and otherwise use any such papers You submit to the Site, and any resulting feedback or Scoring Service results in connection with ETS’s research and development of business and services/products. ETS will not retain any personally identifiable information that may be associated with the papers. This license shall survive the termination of the User Agreement. Any cessation of use of the Site shall not result in the termination of any license You grant herein to ETS. Nothing herein shall preclude ETS from using information independently created by ETS.
Your privacy is important to us
Turnitin is the educational division of Turnitin, LLC, a company that, as a part of its services, must collect and store specific, private information from its users. As such, Turnitin adheres to the privacy principles enforced at all Turnitin, LLC web sites.
Your privacy is important to us. To better protect your privacy we provide this Privacy Pledge explaining our online information practices and the choices you can make about the way your personal information is collected and used. This Privacy Pledge applies to all personally identifiable information collected or submitted on the Turnitin.com web site (the "Site"). To make this Privacy Pledge easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. Although this Site provides links to third-party web sites, they are not covered by this Privacy Pledge. Turnitin assumes no responsibility for the privacy or security of information you provide to any third party through linked web sites or any other means.
By using this Site, you agree that you have reviewed and understood our Usage Policy and this Privacy Pledge to your full satisfaction, that you accept and are subject to our Usage Policy and this Privacy Pledge, and that Turnitin is permitted to use your personal information as set forth below.
1. Personal Information
Personal information is requested for registration to our service for the following purposes:
To verify the identity of a registrant in relation to their authority to register a specific academic institution.
To obtain the most complete contact information for administration of the registrant's account.
To inform the registrant of changes in Turnitin's functionality, Turnitin's auxiliary services, and Turnitin's promotions.
Personal information is requested for trial use of our service for the following purposes:
To inform the trial user of changes in Turnitin's functionality, Turnitin's auxiliary services, and Turnitin's promotions.
To request trial user's evaluation and recommendations for the Turnitin service.
Personal information is requested for access to our paper submission web pages for the following purposes:
To identify the individual connected to any uploaded manuscript.
To provide receipt and confirmation of successful text uploads.
The type of information we request is connected to the above-noted purposes. For example, we collect contact information such as name, IP address, physical address, telephone number, and email address for a registered user in order to facilitate use of the Turnitin service and facilitate customer relations. In addition to the specific uses noted above, Turnitin also uses your personal information to process your requests and transactions, offer or furnish additional products and services, personalize the types of information you receive from Turnitin, assess trends in the use of our Site or purchases of products or services, facilitate market research and statistical studies, develop content and functionality that helps us serve our customers' needs, and improve the service and products we provide. Turnitin may also use your personal information to prevent harm or injury, to prevent fraud, to protect our legal interests, to comply with or respond to legal process, and to comply with applicable laws.
When you provide personally identifiable information to us, you will be able to choose whether we may disclose such information in a personally identifiable form to a third party or whether the information may be used in personally identifiable form for purposes different from the purposes for which it was originally collected or that you have subsequently authorized.
You will have the opportunity to opt-out of receiving communications from us when we first request your personal information. You can also opt out of receiving further communications from us by sending an e-mail to firstname.lastname@example.org
You can request removal of your personally identifiable information from our databases by contacting us as noted in Section 12 (Notices) below. To honor your request, we will need the exact information you want removed, and information sufficient for us to identify the type of communication you received from us.
4. Transfer to Unrelated Third Parties
If we transfer personally identifiable information to a third party that is acting as our agent, we will require that the third party agree to confidentiality requirements.
5. Access or Change Your Personal Information
You can access, correct, amend, or delete the personal information that you have provided us at any time via this Site by following these steps:
Log in to your account using your user name and password.
Click the “user info” link on the navigation bar to open your user profile and view, correct, amend or delete personal information.
We have physical, electronic, and procedural safeguards to protect personal information we collect online, including the use of passwords to gain access to your personal information. To protect your privacy and security, you must keep your password confidential. However, even with such measures, no one is able to guarantee that unauthorized third parties will not be able to bypass these measures or otherwise capture information you provide over the internet.
7. Data Integrity
We will take reasonable steps to see that the personal information in our systems is relevant for its intended use, accurate, complete, and current.
8. Children's Privacy
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under the age of 13, and no part of our Site is structured to attract anyone under the age of 13. If it comes to our attention that we have received personally identifiable information from children under the age of 13, we will dispose of the information.
Turnitin will conduct periodic reviews of compliance to verify that this Privacy Pledge is accurate, comprehensive, prominently displayed, complete, implemented, and accessible. Any employee who violates this Privacy Pledge may be subject to disciplinary action.
If you feel that Turnitin is not abiding by this Privacy Pledge, you should contact Turnitin as noted in Section 12 (Notices) below. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact the BBBOnLine at email@example.com. BBBOnLine will then serve as a liaison with Turnitin to resolve your concerns.
10. Special Rules Applicable to Data Collected or Processed in the European Union
This Privacy Pledge applies to all personally identifiable data that is subject to the European Union's Data Protection Directive 95/46 EC and that is transferred to the United States, even if not collected at this Site. Turnitin has enrolled in the Safe Harbor System established by the U.S. Department of Commerce to meet the requirements of the European Commission's Directive on Data Protection.
Onward transfers will be permitted only to other persons or entities who have agreed to provide a continuing adequate level of protection through participation in the Safe Harbor program or one of the other means permitted under EU Directive 95/46 EC and implementing Member State laws.
If you have any concern or complaint regarding Turnitin's compliance with the Safe Harbor Principles, please contact Turnitin as noted in Section 12 (Notices) below. Turnitin will investigate your concern or complaint and will attempt to resolve the matter with you. If you do not receive acknowledgment of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact the BBBOnLine at firstname.lastname@example.org. BBBOnLine will then serve as a liaison with Turnitin to resolve your concerns.
11. Changes to this Policy
Please direct all inquiries regarding the Privacy Pledge as follows:
Contact us by email at email@example.com.
In the subject line, type "Turnitin Privacy Pledge."
Specify the exact nature of your inquiry.
Provide us with all necessary contact information for follow-up response.
Your privacy is important to us. By participating in the Council of Better Business Bureau's BBBOnLine Privacy Program we have made a commitment to meet the programs' strict requirements regarding how we treat your information and have it verified by BBBOnLine. Further information about this program is available at http://www.bbbonline.org.