Terms of Use and Service
Please read this terms of use and service (the "Agreement") carefully before using this Internet web site.
ACCEPTANCE OF TERMS
By using or accessing this Internet site located at www.campuscompare.com (the "Site") or by using any of the services provided by [The Compare Corporation] (the "Corporation") through the Site (the "Services"), you hereby agree to be bound by the terms of this Agreement.
This Agreement is entered into between the Corporation and you. If you are using the Site or the Services on behalf of another person, you represent that you are authorized to accept the terms of this Agreement on that person's behalf. Unless explicitly stated otherwise, this Agreement will govern your use of any new features that augment or enhance the current Site and Services, including the release of new products or services.
PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE OR ACCESS THE SITE OR ANY OF THE SERVICES. YOUR USE OF THE SITE AND THE SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
| 1. | Definitions | |
| 1.1 | In addition to the terms defined throughout this Agreement, the terms "you", "your" and "yours" refer to the surfer, visitor, customer or user utilizing the Site to obtain Services or otherwise visiting the Site. The terms "we", "us" and "our" refer to the Corporation. | |
| 2. | Changes to Terms of Use and Service | |
| 2.1 | The Corporation reserves the right, at any time, to modify, add to, delete from, alter, or update any of the provisions contained herein (the "Changes"), and notification of any material Change will be posted on the Site or sent to Registered Users (as such term is defined under Section 8.1 below) by electronic or conventional mail. If you do not agree to all or part of the Changes, you should terminate your use of the Services and access to the Site in accordance with the terms hereof. Although you will only be asked to indicate your consent to the terms of this Agreement when you sign up for an Account (as such term is defined in Section 8.1 hereof), the terms of this Agreement, as modified by the Corporation from time to time, will govern all use of the Site and Services. Your use of the Site and Services following any Changes constitutes your agreement to follow and be bound by the provisions hereof as amended by such changes. | |
| 3. | Description of the Services | |
| 3.1 | Services. The Corporation provides its Users with the possibility to interact with other Users with respect to information relating to academic institutions and other institutions related thereto, and the ability to host and post images and information that they own or to which they have the necessary rights to use (collectively, the "Work"), in order to share the Work through the Site. | |
| 3.2 | User requirements.This Site is intended solely for users who are thirteen (13) years of age or older. Users of the Site under eighteen (18) years old must be currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college is unauthorized, unlicensed and in violation of these Terms of Use and Service. By using the Services or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to abide by all of the terms and conditions of this Agreement. | |
| 4. | Acknowledgments | |
| 4.1 | YOU ACKNOWLEDGE AND REPRESENT THAT YOU EITHER OWN THE WORK OR HAVE THE RIGHTS NECESSARY TO USE THE WORK IN CONNECTION WITH THE SITE AND AS OTHERWISE CONTEMPLATED IN THIS AGREEMENT. | |
| 4.2 | YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE WORK YOU UPLOAD AND THAT MAY BE PUBLISHED OR DISPLAYED ON THE SITE (WHETHER BY YOU OR THE CORPORATION) OR THROUGH THE SERVICE, OR TRANSMITTED TO OR SHARED WITH OTHER USERS. | |
| 4.3 | YOU ACKNOWLEDGE AND AGREE THAT YOU MAY NOT HOST, POST, TRANSMIT, OR SHARE WORK ON THE SITE OR SERVICE THAT YOU DID NOT CREATE OR THAT YOU DO NOT HAVE PERMISSION TO HOST, POST, TRANSMIT OR SHARE. | |
| 4.4 | YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL USE OF YOUR ACCOUNT WITH THE CORPORATION AND FOR ANY ACTIONS THAT TAKE PLACE USING SUCH ACCOUNT. | |
| 4.5 | YOU ACKNOWLEDGE AND AGREE THAT THE CORPORATION DOES NOT CONTROL THE WORK OF REGISTERED USERS' AND THE USE THEREOF ON THE SITE AND THAT THE CORPORATION DOES NOT HAVE ANY OBLIGATION TO MONITOR SUCH WORK FOR ANY PURPOSE. | |
| 5. | Your License to the Corporation | |
| 5.1 | Retention of your copyrights in the Work. The Corporation will not claim any ownership rights in any Work that you choose to post on the Site. After posting a Work on the Site, you will continue to retain all copyrights which you owned in the Work prior to posting it on the Site. | |
| 5.2 | License to The Corporation. Notwithstanding Section 5.1 hereof, by posting or making a Work available through the Site, you hereby grant to the Corporation a non-exclusive, irrevocable, perpetual, royalty-free, transferable, worldwide license to use, reproduce or modify your Work, or any substantial part thereof, in any material form whatsoever, on the Site or any other website, including, without limiting the generality of the foregoing, by (i) adapting the format of your Work for suitable display on the Site and (ii) displaying, in the Corporation's sole discretion, your Work in search results generated by the Corporation search engine. | |
| 5.3 | Waiver of moral rights. In addition to the above, you agree that any of your moral rights related to Works that you post of the Site shall be entirely waived. | |
| 6. | The Corporation's Limited Sublicense to you | |
| 6.1 | Subject to your compliance with the terms and conditions of this Agreement, the Corporation grants you a non-transferable, non-sublicensable right to access, view and print works that are reproduced on the Site, only for your personal, non-commercial use. With the exception of your own Work, you may not distribute any Content (as such term is defined in Section 15.1 hereof) that is reproduced on the Site to third parties that are not also Users of the Site, use any such Content commercially, or otherwise use, reproduce or modify such Content, or any substantial part thereof, in any material form whatsoever. | |
| 6.2 | Termination of sublicense to you. The limited sublicense to you stipulated at Section 6.1 hereof will terminate upon termination of this Agreement. | |
| 7. | Share Services | |
| 7.1 | The Corporation offers a feature whereby Registered Users of the Site can share with others or post their Work through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, Works or third party applications through the Share Service is subject to, and will fully comply with the restrictions set forth in Section 12 below and the other terms and conditions set forth herein. | |
| 8. | Accounts and Passwords | |
| 8.1 | Creation of account. In order to access certain features of the Site and the Services, and to post your Work, you must create an account with the Corporation (the "Account") on the registration page by clicking on the "register" link. Once you have created an Account, you will be a User. By registering and creating an Account with the Corporation, you agree to provide accurate, current and complete information, and to promptly update that information as necessary. The Corporation will have no liability for failure to deliver notices that result from inaccurate Account information. | |
| 8.2 | Use of account. Your Account is solely for your own personal use and benefit. You are responsible for safeguarding the password that you use to access the Site and Services. You agree not to disclose your password to any third party nor to permit any third party to use your Account. | |
| 8.3 | Responsibility. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify the Corporation of any unauthorized use of your password. | |
| 9. | Fees and Payments | |
| 9.1 | As we improve our services to you, we might begin charging a user fee for the use of some of the services offered. In such event, we will advise you of same by an email notification and to the extent that you agree to such charges, you hereby agree to pay all fees and charges incurred in connection with your Account, including applicable taxes and communications or access charges, at the rates in effect when the charges are incurred. | |
| 10. | Termination of Agreement | |
| 10.1 | Termination by the Corporation. Should you ever violate any term of this Agreement or for any other reason whatsoever, the Corporation reserves the right, at its sole discretion, to terminate this Agreement and your Account, and delete any and all Work, in whole or in part, upon written or email notice to you. | |
| 10.2 | Termination by you. This Agreement may be terminated by you at any time and for any reason whatsoever through the Cancel/Delete section on your user's account menu. | |
| 10.3 | Effect of termination. Notwithstanding termination, the provisions of this Agreement will continue to apply and will be binding upon you in respect of your prior use of the Site and the Services. | |
| 11. | Copyrights and Trademarks | |
| 11.1 | Unless otherwise noted, all Content on the Site is subject to intellectual property rights including copyrights and trade-marks held or licensed by the Corporation or its partners, sponsors or licensors. | |
| 11.2 | Trademarks, names and other graphics, logos, designs, name, layout, color schemes, page headers, button icons, scripts and service names of the Corporation are registered trademarks, trademarks or trade dress of the Corporation in the United States of America and/or other countries. The Corporation's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Corporation. | |
| 12. | Restrictions | |
| 12.1 | You will not do any of the following while using or accessing the Site or the Services: | |
| a) | post, upload, e-mail, or otherwise transmit (i) any Work that you do not have the lawful right to reproduce; (ii) any Work for which you do not have the consent or permission of each identifiable person in the said Work to use the name, signature, photograph, or likeness of each such person, as the case may be, or (iii) any Work that infringes the intellectual property rights or violates the privacy rights of any third party; | |
| b) | delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any work, other than your own Work, reproduced on the Site; | |
| c) | use any meta tags or other hidden text or metadata utilizing a name, trademark, URL or product name of the Corporation without the Corporation's express prior written consent; | |
| d) | post, upload, e-mail or otherwise transmit, without obtaining the express prior written consent of the Corporation, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or other form of solicitation; | |
| e) | post, upload, e-mail, or otherwise transmit, via the Site or Services, any Work that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography, is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar, violent, constitutes hate speech, or is otherwise objectionable in the sole opinion of the Corporation; | |
| f) | attempt to probe, scan or test the vulnerability of any the Corporation system or network or breach any security or authentication measures; | |
| g) | use the Site or Services to send deceptive or false source-identifying information; | |
| h) | collect or store personal data about other users without their express permission; | |
| i) | impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud; | |
| j) | resell the Services, in whole or in part; | |
| k) | violate any applicable law, regulation, or ordinance, including without limiting the generality of the foregoing infringing on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity; | |
| l) | use the Site or Services in any manner not permitted by this Agreement; | |
| m) | attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; | |
| n) | use or attempt to use another's account, password, service, system or other information without prior written authorization from the Corporation, or create or use a false identity on the Site; | |
| o) | disrupt or interfere with any other person's use or enjoyment of the Site or associated or linked sites; | |
| p) | upload, post or otherwise transmit or distribute on the Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs; | |
| q) | use the Site in any manner that could damage, disable, overburden or impair it; | |
| r) | sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers, your Work excepted; | |
| s) | transfer the Content to any other person or entity without the prior written consent of the Corporation, your Work excepted; | |
| t) | interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites; and | |
| u) | use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part. | |
| 13. | Disclaimer | |
| 13.1 | ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION AND CONTENT PROVIDERS. THE CONTENT, INCLUDING THE CORPORATION'S OWN CONTENT, THE OTHER CONTENT, OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE, IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. NEITHER THE CORPORATION, ITS AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU | |
| 14. | Indemnification | |
| 14.1 | You acknowledge that you are solely responsible for all Works you submit to the Site or provide to the Service. You therefore agree to defend, indemnify and hold harmless the Corporation, its affiliates and their respective directors, officers, partners, employees, representatives, contractors, successors and assigns, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Services, your Work or your violation of this Agreement. The Corporation reserves the right, at its own expense, to assume the exclusive defence and control of any such claim otherwise subject to defense by you, in which event you will cooperate with the Corporation and its counsel, as necessary, in the conduct of such defense. | |
| 15. | Limitation of liability. | |
| 15.1 | You understand that Works are posted by users and that other content on the Site may be posted by the Corporation's partners, sponsors or licensors (collectively, the "Content"), that the Corporation has only limited control over the Content that are made available through the Site and Services, and that by using the Site and Services, you may be exposed to such Content. You therefore acknowledge that the Corporation will not be liable for: (i) Content, including without limitation their subject matter, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use or download of any Content posted, e-mailed, transmitted, or otherwise made available through the Site or Services, (ii) the deletion, failure to store, mis-delivery or untimely delivery of any information or material, (iii) any modification, unavailability, interruption or discontinuance of the Site or Services, or (iv) the defamatory, offensive, or illegal conduct of any third party. | |
| 15.2 | IN NO EVENT SHALL THE CORPORATION, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THE SITE OR SERVICES OR UNDER OR RELATED TO THIS AGREEMENT, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER INDIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT THE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO THE CORPORATION FOR THE SERVICES AND THE USE OF THE SITE. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CAMPUS COMPARE'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. | |
| 16. | Release | |
| 16.1 | You hereby release, remise and forever discharge the Corporation, its affiliates, and their respective directors, officers, partners, employees, representatives, contractors, successors, assigns and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of or the use of your Account of the Site and/or the Services. | |
| 16.2 | What Are My Chances? and the other tools on this site are based on statistical algorithms or current college admissions data. Results are non-binding and do not represent the opinions of any actual colleges or their admissions boards. | |
| 17. | Links to third party sites | |
| 17.1 | The Site may contain links to third-party Internet sites or resources. You acknowledge and agree that the Corporation is not responsible or liable for: (i) the availability or accuracy of such Internet sites or resources, or (ii) the content, products or services on or available from such Internet sites or resources. Links to such Internet sites or resources do not imply any endorsement by the Corporation of such Internet sites or resources or the content, products, or services available from such Internet sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Internet sites or resources. | |
| 18. | Privacy Policy | |
| 18.1 | The Corporation respects your desire for privacy. Please review our privacy policy which can be found by clicking under Privacy Policy (the "Privacy Policy"). By registering for an Account, you are consenting to the collection, use and disclosure of your personal information in accordance with the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on the Site or otherwise bring it to your attention, so that you are always aware of what we do with your information. If you do not agree with the terms of our Privacy Policy, you should not register for an account with the Corporation in respect of the Services or the Site. | |
| 19. | Submission of information | |
| 19.1 | Although the Corporation may provide certain security in an effort to protect the electronic transmission of certain information that you submit to the Corporation through the Site, the Corporation does not guarantee the security of any information transmitted to or from the Site, including to or from any third party Internet sites linked to the Site. Submission of any financial or other information to the Site or to any third party Internet sites linked to the Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to the Corporation through the Site. Except for personal information (as defined in our Privacy Policy) about you, any information you do send to the Corporation through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to the Corporation a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, translate and sublicense it, or a substantial part thereof, in any material form whatsoever. | |
| 20. | General | |
| 20.1 | Entire agreement. The Privacy Policy together with this Agreement constitutes the entire agreement between the Corporation and you with respect to your use of the Site and supersedes all prior agreements or understandings relating to such subject matter, whether written, implicit or oral. | |
| 20.2 | Site and Service interruptions. You understand that although the Site and Services are normally available, there will be occasions when the Site or Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of the Corporation. | |
| 20.3 | Deleted Work. You understand that although the Corporation will normally only delete Work that violates this Agreement, the Corporation reserves the right to delete any Work for any reason, without prior notice. Deleted Work may be stored by the Corporation in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, the Corporation encourages you to maintain your own reproduction of your Work, as the Corporation is not a backup service. | |
| 20.4 | Forum and Choice of Law. This Agreement, your use of the Site or the Services, and all related matters are governed solely by the laws of the State of California, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. | |
| 20.5 | Assignment. You may not assign any rights granted to you or delegate any of your duties hereunder without the prior express written consent of the Corporation, which may be withheld in the Corporation's sole discretion. The Corporation has the right to assign its rights and delegate its duties under this Agreement without your consent. | |
| 20.6 | Successors. This Agreement will enure to the benefit of and be binding upon the Corporation and its successors and assigns, and you and your heirs, executors, administrators, successors and legal representatives. | |
| 20.7 | Waiver. None of the terms of this Agreement shall be held to have been waived by the Corporation unless done so in writing. Any such waiver by the Corporation shall not be considered as a waiver of any subsequent breach of the same or any other provision. The failure of the Corporation at any time to require your performance of any provision hereof shall in no way affect the right of the Corporation to require full performance of such provision at any time thereafter. | |
| 20.8 | Severability. If a court of competent jurisdiction should find that one or more terms of this Agreement are invalid, the remainder of the Agreement will be enforceable. | |
| 20.9 | Other rights. Any rights not expressly granted by this Agreement are reserved to the Corporation. | |
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