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Terms of Use

IMPORTANT! PLEASE READ THESE TERMS OF USE (THE “TERMS”) CAREFULLY, AS IT AFFECTS AND GOVERNS YOUR USE OF WWW.CAMPUSCIRCLE.NET (THE “WEB SITE”) AND YOUR LEGAL RIGHTS AND OBLIGATIONS. You agree to these Terms by accessing this Web Site. If you disagree with any of these terms or do not agree to be bound by all these terms, do not use this web site. This Web Site is owned and operated by Campus Circle, Inc. (“Company” or “we” or “us”). The information and features included in this Web Site have been compiled from a variety of sources, are for informational and entertainment purposes only, and are subject to change at any time without notice.

Ownership of Materials/License

This Web Site and all of its current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities and any and all copyrightable material (including source and object code) and any other form of intellectual property (collectively, the "Content") are owned by or licensed to Company or other authorized third parties and are protected as intellectual property or otherwise. Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. You may not use the Content except as expressly set forth in these Terms. unauthorized use, copying, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Company may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.

You understand, acknowledge and agree that Company hereby grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license that authorizes you to download and view a single copy of the Content, provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy, adapt the object code of the Web Site’s software, HTML, JavaScript, or other code, or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Site creates to generate its web pages or any software or other products or processes accessible through the Web Site; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user’s experience.

Except as may be expressly permitted herein or by Company, you will not use any robot, spider, rover scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Content. Unless otherwise expressly authorized in these Terms or on the Web Site, you further agree that you will not, in whole or in part, modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Content in any way for any public or commercial purpose.

Restrictions on Use

As used in these Terms, “Affiliates” means Company’s subsidiaries, divisions, affiliates, directors, officers, employees, partners, agents, and assigns.

You agree not to:

(i)              transmit or otherwise make available any content that is false, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, disparaging (including disparaging of Company or the Affiliates), vulgar, obscene, pornographic, invasive of another’s privacy, or that promotes violence, racial hatred, terrorism or illegal acts or is otherwise objectionable (as determined by Company in its sole discretion);

(ii)             transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;

(iii)            upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Web Site;

(iv)            impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;

(v)             transmit or otherwise make available through the Web Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes;

(vi)            violate any applicable local, state, federal or international law, rule or regulation; or

(vii)           harass, stalk or otherwise abuse another user.

Items (i) through (vii) are collectively referred to as “Non-Approved Content.”

User Forums

Any Web Site user forums, blogs, bulletin boards, chat rooms or other interactive areas ("User Forums") are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Company does not endorse the content in such User Forums.Company does not and can not review every message posted by users in User Forums and is not responsible for the content of these messages. Company reserves the right to, but is not obligated to, delete, move or edit content, in whole or in part, submitted by you to a User Forum for any reason, including a determination by Company, in Company's sole discretion, that such content contains Non-Approved Content or violates any Company Terms of Use.

In addition, Company may delete, move, edit or disclose the contents of messages when it is required to do so by law or in a good faith belief that such action is necessary to protect and defend the rights and property of Company or to protect the safety of our users or the public. To protect your safety, please use your best judgment when using User Forums, and consider carefully whether you want to disclose any information that can be used to identify or locate you.

Information You Submit

Except as otherwise described in the Web Site’s Privacy Policy, anything you submit to Company through this Web Site or otherwise (whether solicited or unsolicited), including, without limitation any data, questions, comments, suggestions, or personal information, is and will be treated as non-confidential and non-proprietary. You hereby irrevocably assign to Company and the Affiliates all right, title and interest in and to those submissions, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights that may subsist in the submissions. You further agree that Company and the Affiliates will have the unfettered right to use, reuse, modify, alter, display, archive, store, distribute, reproduce, disclose, transmit, publish, broadcast, or post any submissions or portions of any submissions in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products using such information. You waive any moral rights you may have in and to any of your submissions, even if such material is altered or changed in a manner not agreeable to you. By submitting any content to Company through this Web Site or otherwise, you represent that those submissions are accurate and original with you and do not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights. You agree to execute any documents and take all steps that Company determines are necessary to affect the intentions of these Terms. You agree and understand that Company is not obligated to use any submission you make to Company through the Web Site.

The internet may be subject to breaches of security. You should be aware that e-mail submissions over the internet may not be secure, and you should consider this before e-mailing Company any information.

Disclaimers/Limitations on Liability/Indemnity

THE WEB SITE AND ALL MATERIAL CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. This Web Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

COMPANY AND THE AFFILIATES LIMIT THEIR LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:

COMPANY and the Affiliates are not responsible for any damage to any user's computer, INCLUDING, WITHOUT LIMITATION, DAMAGE from any such security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line OR NETWORK failure or any other technical or other malfunction.

EXCEPT WHERE PROHIBITED: YOU AGREE THAT COMPANY AND THE AFFILIATES, AS APPLICABLE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS WEB SITE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; (3) THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF COMPANY OR THE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEB SITE CONTAINS FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK AND THAT NEITHER COMPANY NOR THE AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. IN NO EVENT WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY OR THE AFFILIATES BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE DOLLARS ($1).

BY ACCESSING THIS WEB SITE, I UNDERSTAND THAT I MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Indemnification

By using this Web Site you agree to indemnify, defend and hold Company and the Affiliates harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to: (a) your breach of your representations; (b) your violation of these terms or any law, rule or regulation; (c) a claim that is based on your use of this Web Site and/or the Content; or (d) any content uploaded by you or through your computer to the Web Site or otherwise sent by you to Company. You will cooperate as fully and reasonably as required by Company or the Affiliates in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Company.

Third Parties/No Endorsement

This Web Site often provides links to third-party web sites and other resources that could be of interest to our users, including the web sites of our advertisers, and certain areas of the Web Site may allow you to conduct transactions or purchase goods or services through a third-party. Your dealings or communications through the Web Site with any party other than Company are solely between you and that third party. Third-party web sites may have different privacy policies, terms and conditions, and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such web sites. If you decide to access and use third-party web sites, you understand, acknowledge, and agree that you do so at your own risk. You agree that COMPANY AND THE AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY-WEB SITES. Please review carefully a third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or the Affiliates. Views and opinions of users of this Web Site do not necessarily state or reflect those of Company or the Affiliates. Neither Company nor the Affiliates are responsible for the content or performance of other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Company of any errors of inappropriate material found on web sites to which this Web Site is or may be linked.

Linking Policy

If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must not damage, dilute or tarnish the goodwill associated with any Company names or any other intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated or associated with Company. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Web Site, you may link only to the home page, and not to any other page, directory or subdomain of the Web Site, unless otherwise pre-approved in writing by Company. Under no circumstances may you "frame" this Web Site or alter its intellectual property or Content in any way. Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site or these Terms.

Promotions

This Web Site may contain or offer sweepstakes, contests, or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest, or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or promotion. You agree to read and comply with those rules before entering any sweepstakes, contest, or promotion on this Web Site.

Membership & Registration

Certain areas of the Web Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Web Site. When you provide information to the Web Site, you agree to provide only true, accurate, current and complete information. The Web Site’s practices governing your personal information are disclosed in its Privacy Policy [PLEASE INSERT LINK TO PRIVACY POLICY].

If you register with the Web Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Web Site using your name in whole or in part. Company reserves the right to terminate membership and/or deny access to the Web Site to any person in its sole discretion.

Fees & Payments

Company reserves the right at any time to charge fees for access to all or portions of the Web Site. However, in no event will you be charged for access to the Web Site unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account, including, without limitation, to charges for any products or services offered for sale through the Web Site by Company or by any other company at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Web Site.

Location

Company operates the Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles and will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or your use of this Web Site must be filed in the County of Los Angeles, City of Los Angeles, State of California within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Los Angeles, City of Los Angeles, State of California for any cause of action arising under these Terms or related to the Web Site.

Additional Terms

You agree to comply with all rules, laws, and regulations that are applicable to your use of the Web Site, including, without limitation, all applicable laws, rules, and regulations governing your transmission or use of any software or data. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

You understand and agree that Company will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of Company. Company reserves the right, in its sole discretion, to modify or discontinue this Web Site, or any portion of the Web Site without notice to you or any third party. Upon termination of your membership or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.

We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms. We will post any changes to these Terms on this Web Site. Your continued use of this Web Site after the posting of any change in the Terms will constitute your acceptance to be bound by any such changes.

Contact Us

For questions or comments regarding these Terms or the Web Site please, contact info@campuscircle.net

The Effective Date of these Terms is May 16, 2005.

 





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