READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE ACCESSING OR OTHERWISE USING UCAMPUS SERVICES, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING UCAMPUS SERVICES OR PURCHASING PRODUCTS AND SERVICES FROM UCAMPUS.
UCampus, LLC (“UCampus” or “we”) operates UCampus, which is a network of websites that are each individually built to organize, inform, and entertain students at specific colleges. The services offered by UCampus include any UCampus-branded URL (the "UCampus Website”). UCampus is hosted in the United States.
UCampus may modify this Agreement from time to time and such modification shall be effective upon posting by UCampus on the UCampus Website. Your continued use of the UCampus Services after UCampus posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the UCampus Services and that you provide to other Users. Your UCampus posts may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other UCampus Members (for instance, in their posts) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and UCampus assumes no responsibility or liability for this material. If you become aware of misuse of the UCampus Services by any person, contact UCampus or report abuse to UCampus administrators at email@example.com .
UCampus reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the UCampus Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. UCampus expressly reserves the right to remove your account and/or deny, restrict, suspend, or terminate your access to all or any part of the UCampus Services if UCampus determines, in its sole discretion, that you have violated this Agreement or pose a threat to UCampus and/or its Users.
1. Eligibility. Use of the UCampus Services and registration to be a Member for the UCampus Services (“Membership”) is void where prohibited. By using the UCampus Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the UCampus Services does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning if we believe that you are less than 13 years of age.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the UCampus Services or are a Member. UCampus may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify UCampus immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
4. Use by Members. The UCampus Services are for the personal use of Members and direct commercial endeavors may only be used if they are specifically endorsed or authorized by UCampus. UCampus reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the UCampus Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the UCampus Website, or employing third party promotional sites or software to promote accounts for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member accounts without notice or explanation and may result in termination of Membership privileges. UCampus reserves the right to take appropriate legal action for any illegal or unauthorized use of the UCampus Services.
5. Proprietary Rights in Content on UCampus.
5.1 UCampus does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the UCampus Services. After posting your Content to the UCampus Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the UCampus Services, you hereby grant to UCampus a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the UCampus Services, including without limitation distributing part or all of the UCampus Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the UCampus Website. This limited license does not grant UCampus the right to sell or otherwise distribute your Content outside of the UCampus Services. If you remove your Content from the UCampus Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
5.2 The license you grant to UCampus is non-exclusive (meaning you are free to license your Content to anyone else in addition to UCampus), fully-paid and royalty-free (meaning that UCampus is not required to pay you for the use on the UCampus Services of the Content that you post), sub-licensable (so that UCampus is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the UCampus Services), and worldwide (because the Internet and the UCampus Services are global in reach).
5.3 You represent and warrant that: (i) you own the Content posted by you on or through the UCampus Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the UCampus Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the UCampus Services.
5.4 UCampus owns and retains all rights in the UCampus Content and the UCampus Services. UCampus hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the UCampus Content (excluding any software code) solely for your personal use in connection with viewing the UCampus Website and using the UCampus Services.
5.5 The UCampus Services contain Content of Users and other UCampus licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the UCampus Services.
6. Content Posted by Users.
6.1 UCampus may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of UCampus violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. UCampus assumes no responsibility for monitoring the UCampus Services for inappropriate Content or conduct. If at any time UCampus chooses, in its sole discretion, to monitor the UCampus Services, UCampus nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
6.2 You are solely responsible for the Content that you post on or through any of the UCampus Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7. Submissions. Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to UCampus through UCampus Services (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to UCampus, you hereby grant UCampus and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the UCampus Services and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the UCampus on the Website and/or in this Agreement.
By making a Submission, you waive the right to make any claim against UCampus or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for UCampus or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of UCampus Services in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize UCampus to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
8. Participation Disclaimer
UCampus does not and cannot review all Submissions posted to or created by users accessing UCampus Services (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through UCampus Services (including, but not limited to, the Website), UCampus is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. UCampus and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. UCampus and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, UCampus reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to UCampus in its sole discretion.
9. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post or comment through UCampus Services. UCampus reserves the right to investigate and take appropriate legal action against anyone who, in UCampus' sole discretion, violates this provision, including without limitation, removing the offending Content from the UCampus Services and terminating the Membership of such violators. This Content includes, but does not limit to, all user posts and user comments. Prohibited Content includes, but is not limited to; Content that, in the sole discretion of UCampus:
9.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
9.2 harasses or advocates harassment of another person;
9.3 exploits people in a sexual or violent manner;
9.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
9.5 solicits personal information from anyone under 18;
9.6 publicly posts information that poses or creates a privacy or security risk to any person;
9.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
9.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
9.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
9.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
9.13 involves commercial activities and/or sales without prior written consent from UCampus such as contests, sweepstakes, barter, advertising, or pyramid schemes;
9.14 includes a photograph or video of another person that you have posted without that person's consent;
9.15 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the UCampus Website and through your use of the UCampus Services. UCampus reserves the right to investigate and take appropriate legal action against anyone who, in UCampus’ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
9.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
9.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the UCampus Services.
9.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the UCampus Services;
9.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network
9.21 interfering with, disrupting, or creating an undue burden on the UCampus Services or the networks or services connected to the UCampus Services;
9.22 impersonating or attempting to impersonate another Member, person or entity;
9.23 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
9.24 selling or otherwise transferring your account;
9.25 using any information obtained from the UCampus Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
9.26 using the UCampus Services in a manner inconsistent with any and all applicable laws and regulations.
10. Protecting Copyrights and Other Intellectual Property. UCampus respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. UCampus has the right to terminate the Membership of infringers.
11. Links to Other Sites
12. General Network Wide and Local Content. The websites on the UCampus network update everyday with a YouTube clip, general daily links and writing, and a quote. UCampus takes no responsibility for anything inappropriate that appears on any of the websites.
Every site is run by a specific manager, who has the ability to post information in the form of opinions or advice. Any information, advice, opinions, articles, links, and any other form of content featured on the UCampus Network is not necessarily the opinion or viewpoint of UCampus.
Additionally, advice and information on products, services, businesses, activities, road trips, websites, internships, school plans, and any other form of possible advice or information will sometimes be featured on the UCampus network. UCampus takes absolutely no responsibility for anything that occurs as a result of something posted on one of the UCampus websites. Use the site at your own risk, and use any of the information you find on the site at your own risk as well.
Opinions or statements made by any network managers, site managers, users, or anyone else with access to the UCampus websites do not accurately reflect the opinions of views of UCampus.
13. Member Disputes. You are solely responsible for your interactions with other UCampus Members. UCampus reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
15. Disclaimers. UCampus is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the UCampus Services, whether caused by Users of the UCampus Services or by any of the equipment or programming associated with or utilized in the UCampus Services and such User Content does not necessarily reflect the opinions or policies of UCampus. Accounts and third party applications created and posted by Members on the UCampus Website may contain links to other websites. UCampus is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by UCampus. Inclusion of any linked website on the UCampus Services does not imply approval or endorsement of the linked website by UCampus. When you access these third party sites, you do so at your own risk. UCampus takes no responsibility for third party advertisements or third party applications that are posted on or through the UCampus Services, nor does it take any responsibility for the goods or services provided by its advertisers. UCampus is not responsible for the conduct, whether online or offline, of any User of the UCampus Services. UCampus assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. UCampus is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the UCampus Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the UCampus Services. Under no circumstances shall UCampus be responsible for any loss or damage, including personal injury or death, resulting from use of the UCampus Services, attendance at a UCampus event, from any User Content posted on or through the UCampus Services, or from the conduct of any Users of the UCampus Services, whether online or offline. The UCampus Services are provided "AS-IS" and as available and UCampus expressly disclaims any warranty of fitness for a particular purpose or non-infringement. UCampus cannot guarantee and does not promise any specific results from use of the UCampus Services.
16. Limitation on Liability. IN NO EVENT SHALL UCAMPUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE UCAMPUS SERVICES, EVEN IF UCAMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UCAMPUS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO UCAMPUS FOR THE UCAMPUS SERVICES DURING THE TERM OF MEMBERSHIP.
17. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You and UCampus agree to submit to the exclusive jurisdiction of the courts located within the State of Texas to resolve any dispute arising out of the Agreement or the UCampus Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
18. Indemnity. You agree to indemnify and hold UCampus, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the UCampus Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the UCampus Services causes UCampus to be liable to another.
19. Other. This Agreement is accepted upon your use of the UCampus Website or any of the UCampus Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and UCampus regarding the use of the UCampus Services. The failure of UCampus to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. UCampus is a trademark of UCampus, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last modified: February 28th, 2010