Terms & Conditions
Welcome to the inCampus.com web site (referred to hereafter as the Site). This terms
and conditions page describes the terms upon which you may access and use the Site.
By using the Site in any way, you affirm that you have read and accept all of the
following terms and conditions, which may be updated by us from time to time without
notice.
- Grant of Rights. inCampus.com grants you a limited, revocable,
non-exclusive right to access and use the Site in accordance with these terms and
conditions. By your use of the Site, you grant, and you represent and warrant that
you have the right to grant, to inCampus.com, an irrevocable, perpetual, non-exclusive,
worldwide license to use, copy, perform, display and distribute your Content (as
defined in Section 3 below), and to prepare derivative works of your Content. You
further agree that by your use of the site you grant inCampus.com the right to prohibit
others from copying, reproducing, downloading, disseminating, publishing, aggregating
or transferring any Content.
- Ownership of Copyrights, Trademarks and Other Intellectual
Property. You acknowledge that inCampus.com owns the copyright, trademarks and all
other intellectual property rights to the Site. All rights are reserved by inCampus.com.
Any other trademarks contained on the Site are the trademarks of their respective
owners.
- Content. You acknowledge that inCampus.com does not create
the material that appears on the Site and instead serves solely as a community bulletin
board providing access to others to post material that they desire. inCampus.com
does not review and/or approve any postings in advance of their publication on the
Site. As a result, you agree that the person who originates any postings, messages
or other content contained on the Site in any form (“Content”) is solely responsible
for such Content. You agree to be responsible for all Content that you make available
on the Site. You acknowledge that inCampus.com does not control and is not responsible
for Content made available on the Site by you or third parties, and inCampus.com
will not be liable in any way for any Content, and you hereby release inCampus.com,
and its affiliates, including parent and subsidiary entities, and the owners, stockholders,
directors, officers, employees, and agents of each of them, from any loss or damage
of any kind incurred as a result of, or in connection with, any Content. inCampus.com
shall have the right, but not the obligation, to refuse or to delete any Content
in its sole and absolute discretion at any time.
- Unacceptable Content. Without limitation, you agree that
you will not post any Content (a) in a category that is not appropriate; (b) that
is harmful, threatening, harassing, defamatory, libelous, hateful, discriminatory,
invasive to another’s privacy, or that impersonates a person, contains a personal
attack or is otherwise unlawful; (c) that is sexually explicit in nature, obscene
or pornographic; (d) that is false or misleading; (e) that could constitute a criminal
offense, give rise to civil liability or violate any federal, state or local law
or regulation, or encourage the use of a controlled substance; (f) that infringes
the rights of another party; (g) that contains profanities or expletives; (h) that
is encrypted, or contains any viruses, Trojan horses or other computer programming
routines or elements that are intended to cause damage or interference to the Site,
or with another’s system or data; (i) that discloses any personally identifying
information about any person who has not explicitly consented to such disclosure,
(j) that constitutes or includes any “junk mail,” “spam” or similar mass marketing
commercial advertisements or announcements or (k) that is deemed unacceptable by
inCampus.com, in its sole and absolute discretion.
- Unacceptable Use. Without limitation, you agree that you
will not (a) delete or revise any Content posted by another user; (b) use any automated
device, spider, software routine or element to obtain information from the Site,
whether or not such activities interfere with the proper working of the Site; (c)
create a disproportionately large usage load on the Site; (d) repeatedly post the
same or similar Content; (e) attempt to obtain unauthorized access to the Site;
(f) attempt to decipher, decompile, disassemble or reverse engineer any of the software
or code comprising any part of the Site; (g) use the Site to promote, engage or
assist another in engaging in, acts that are fraudulent, abusive, harassing, threatening,
deceptive, misleading or illegal; (h) contact any user who has asked not to be contacted;
(i) collect personal data about other users for commercial or unlawful purposes;
or (j) copy, reproduce, download, disseminate, publish, aggregate or transfer any
Content other than your own Content. A limited exception to the restriction on the
obtaining of information from the sites is granted to allow general purpose Internet
search engines to obtain information from the Site solely in order to provide hyperlinks
to the Site in response to searches by users of such search engines; provided, this
limited exception does not apply to any website or search engine which has as a
primary purpose the aggregation of classified ads of any type, and such websites
and search engines are explicitly prohibited from gathering, aggregating and/or
making available to their users information contained on the Site.
- Physical Meetings. Through the Site we provide tools that
enable our users to arrange physical meetings at places that include, but are not
limited to, locations on campus and private enterprises near campus such as coffee
shops. We do not supervise these meetings and are not involved in any way with the
actions of any individuals at these meetings. As a result, we have no control over
the identity or actions of the individuals who are present at these meetings, and
we request that our users exercise caution and good judgment when arranging and
attending these meetings. Meetings should be arranged in public places with safety
as a primary consideration. Because we do not supervise or control the meetings
or interactions among members and other persons or companies, and because we are
not involved in any way with the actions of any individuals at these meetings, and
because we cannot guarantee the true identity of Site users, and because we have
very limited control, if any, over the quality, safety, morality, legality, truthfulness
or accuracy of various aspects of the Site, you agree that you bear all risk and
you agree to release inCampus.com, and its affiliates, including parent and subsidiary
entities, and the owners, stockholders, directors, officers, employees, and agents
of each of them, from claims, demands, and damages (actual and consequential) of
every kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, now and in the future, arising out of or in any way connected with
your use of the Site, your Third Party Transactions, your resolution of any disputes
among users, and/or your transportation to or from, attendance at, or the actions
of you or other persons at, a meeting. You further waive any and all rights and
benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction
that would purport to limit the scope of a release or waiver. You waive and relinquish
all rights and benefits which you have or may have under Section 1542 of the Civil
Code of the State of California or any similar provision of the statutory or non-statutory
law of any other jurisdiction (including without limitation the states of Missouri,
Delaware and Pennsylvania) to the full extent that you may lawfully waive all such
rights and benefits.
- Transactions. You acknowledge that inCampus has no control
over the process or outcome of any Transactions (such as exchanging goods and services),
and you hereby release inCampus.com, and its affiliates, including parent and subsidiary
entities, and the owners, stockholders, directors, officers, employees, and agents
of each of them, from any loss or damage of any kind incurred as a result of, or
in connection with, any Transactions.
- Site Parameters. You acknowledge and agree that inCampus.com
has the sole and exclusive right to determine what Content may appear on the Site,
the size of any files (including photos) that may be posted on the Site, the amount
of e-mails that will be transmitted by the Site, how long such Content will be listed,
the parameters for the removal of any posting as a result of objections noted by
other users of the Site and any and all other aspect of the operation of the Site,
including (without limitation, the right to limit, modify, suspend or terminate
the service provided by the Site. No notice shall be required from inCampus.com
to any user of the site or to any other person before any such limitation, modification,
suspension or termination and inCampus.com shall have no liability to any person
as a result of taking any such action.
- Termination of Access. inCampus.com has the right to limit
or terminate your access to the Site for any reason if we believe you have violated
any of these terms and conditions. You agree that inCampus.com will have no liability
with regard to any such limitation or termination.
- Limitations. inCampus.com does not guarantee the accuracy,
completeness, effectiveness, timeliness, or correct sequencing of any information
on the Site. In addition, we have no duty to update the information contained on
the Site, and we are not liable to you for outdated or incorrect information contained
herein. Moreover, we reserve the right at any time to modify, suspend or discontinue
the Site (or any part thereof) with or without notice, and we are not liable to
you or any third party for any modification, suspension or interruption in services.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NO GUARANTEES OR
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT,
PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION, ARE MADE WITH
RESPECT TO THE SITE, INCLUDING THE INFORMATION CONTAINED ON THE SITE. inCampus.com
MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT
OR ERROR FREE. IN NO EVENT SHALL inCampus.com BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT
OF YOUR USE OF THE SITE, EVEN IF inCampus.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT ANY DATA OR MATERIAL OBTAINED THROUGH
THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- Links to Other Web Sites. Solely as a courtesy to you,
we may provide links to other web sites at certain places on the Site; we do not
endorse, approve, certify or control any of those web sites. Because we do not have
any control over such sites, you acknowledge and agree that we are not responsible
for the content of the sites or the availability, accuracy, completeness, effectiveness,
or timeliness of information contained on those sites. Use of those sites or any
information obtained from those sites is voluntary, and reliance on it should only
be undertaken after an independent review of its accuracy, completeness, efficacy
and timeliness.
- Governing Law. Any dispute with respect to the Site shall
be governed by the laws of the State of Washington, excluding its conflicts of laws
rules. All visitors to the Site submit to the exclusive jurisdiction of the state
and/or federal courts of the State of Washington and agree that any and all disputes
relating to the Site, to the content posted thereon or otherwise involving inCampus.com
or its affiliates, including parent and subsidiary entities, and the owners, stockholders,
directors, officers, employees, and agents of each of them, shall be prosecuted
solely in such jurisdiction.
- Indemnity. You agree to indemnify and hold inCampus.com,
and its affiliates, including parent and subsidiary entities, and the owners, stockholders,
directors, officers, employees, and agents of each of them, of and from all manner
of action or actions, cause or causes of action, at law or in equity, suits, claims,
demands, liability, loss, cost or expense, of any nature whatsoever, known or unknown,
fixed or contingent (hereinafter referred to as “Claims”) which arise from, or are
related to, your Content, your use of the Site, or your violation of these terms
and conditions.
- Notice of Claims of Infringement. If you believe that
any content which appears on inCampus.com constitutes an illegal infringement of
your intellectual property rights (including, without limitation, copyright infringement),
it is your responsibility to notify inCampus.com of this fact by e-mail at
support@incampus.com.
Your e-mail should identify the material on inCampus.com which you believe is infringing
on your rights (including the URL where such content is located) and should also
include (a) contact information for you, (b) the identity of your property which
you believe has been infringed and (c) a statement by you that you have not provided
consent to the user of the material and that the user does not have any other legal
right to use the material. Your e-mail must also include a statement declaring under
penalties of perjury that you are the owner of the intellectual property to which
your complaint relates (or otherwise have the consent of the owner to act on that
owner’s behalf) and that all information contained in your e-mail is accurate and
complete, together with your digital signature. inCampus.com will remove from the
site any material found to be infringing in accordance with the provisions of the
Digital Millennium Copyright Act
- No Effect on Agreements. Nothing on the Site shall be
construed to add or modify terms to any existing or future agreements with inCampus.com.
- Privacy. Your use of the site constitutes your agreement
to the inCampus.com Privacy Policy.
- Notices. In our discretion, we may provide notices of
changes to these terms and conditions or other matters by displaying notices or
links to notices generally on the Site. Such notices, however, are not required
in order for us to change the Terms and Conditions applicable to the Site.
- Severability/Waiver. You acknowledge and agree that if
any provision of these terms and conditions is invalid or unenforceable to any extent,
the remainder of these terms and conditions shall not be affected and shall be enforced
to the greatest extent permitted by applicable law. You also acknowledge and agree
that any failure by inCampus.com to enforce any of its right shall not constitute
a waiver of such right and any waiver of any violation of these Terms and Conditions
shall not constitute a waiver of any future violation.