CampusLIVE Terms of Use

1. Your Acceptance of Terms of Use

These terms and conditions of use (“Terms of Use”) set forth the legally binding terms for your use of www.campuslive.com/. By using and/or visiting this web site (the “Web site”), you signify your agreement to these Terms of Use and any other legal notices or guidelines located within the Web site. If you do not agree to any of the terms and conditions of these Terms of Use or other notices or guidelines, please do not use the Web site and exit now. In order to become a registered member of the Web site, communicate with other registered members, and make use of certain CampusLIVE services or features, you must currently be enrolled as a student at your college or university and must further read these Terms of Use and indicate your acceptance of them.

Throughout these Terms of Use, the words “we,” “us,” “our,” and “CampusLIVE” refer to CampusLIVE, Inc.

2. Important Legal Information Regarding Privacy

You agree that you have read, understood and accept CampusLIVE’s Privacy Policy. The Privacy Policy explains CampusLIVE’s collection of personal and non-personal information from you when using the Web site and our use and sharing of such personal and non-personal information.

3. Modification to These Terms of Use and Our Web site

We may add to, update, delete from or modify the Web site at any time in our sole discretion. We reserve the right, at any time and in our sole discretion, to change the Terms of Use. We may post or display notices of changes to the Terms of Use on the Web site. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Web site. Any use by you of the Web site after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes. You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations which apply to your agreement with us. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

4. CampusLIVE Web site

A. These Terms of Use apply to all users of the Web site, including users who are also registered members. The Web site Content (defined below) is provided as a courtesy to our users and is intended for personal, informational, educational and non-commercial purposes only.

B. The Web site may contain links to institutional or other third-party web sites that are not owned or controlled by CampusLIVE. CampusLIVE has no control over, and assumes no responsibility for, the products, services, content, privacy policies or practices of any institutional or third-party web site. In addition, CampusLIVE is unable and unwilling to censor or edit the content of any institutional or third-party web site. CampusLIVE is not involved in any transactions between you and any third party whose products and/or services are listed on the Web site. By using the Web site, you expressly relieve CampusLIVE from any and all liability arising from your use of any linked institutional or third-party web site. Accordingly, we encourage you to be aware when you leave our Web site and to read the terms and conditions and privacy policy of each web site that you visit. If you decide to access any other web sites linked to our Web site, you do so entirely at your own risk. Any questions, complaints, or claims related to any product or service provided by a third party on the Web site should be directed to the applicable third party.

C. CampusLIVE encourages you to carefully choose the information you submit, post, or provide to others using the Web site or Web site features (e.g., comments, blogs, video chat sessions, etc.). Any conversations or information you have or share with others using features that are available on the Web site and any User Submissions (defined below) may be accessible and viewable by all other users or by other registered members of the Web site. CampusLIVE does not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Web site, such as the video chat feature or the posting of User Submissions. The content of the communication is entirely the responsibility of the person from whom such content originated.

D. CampusLIVE reserves the right to remove, edit or reject any User Submissions (defined below) at any time, in its sole discretion. Furthermore, CampusLIVE may restrict, suspend or terminate any user’s access to all or any part of the Web site or its features at any time, for any or no reason, with our without notice and with no liability to CampusLIVE whatsoever.

5. Web site Access

A. CampusLIVE hereby grants you a limited, personal, non-exclusive, fully revocable license to use and access the Web site and its features as set forth in these Terms of Use, provided that: (i) you will not distribute any part of the Web site (other than User Submissions owned by you) in any medium without CampusLIVE’s prior written authorization; (ii) you will not alter, disassemble, decompile, reverse engineer or otherwise modify any part of the Web site other than as may be reasonably necessary to use the Web site for its intended purpose; and (iii) you will otherwise comply with these Terms of Use. You agree not to delete, change or modify in any way the copyright notices or trademarks contained on the Web site.

B. In order to access many features of the Web site, you will have to create a registered member account and access our Web site through a third party platform that requires you to have a login name and password (e.g, Facebook). CampusLIVE does not store or have access to your password. You may never use another member’s account or share your account with any other user or entity. When creating your account, you agree that you will provide current, complete and accurate information, and you agree that you will update your account information as necessary to keep it current, complete and accurate. You are solely responsible for the activity that occurs on your account. You must notify CampusLIVE immediately of any breach of security or unauthorized use of your account by contacting us at staff@campuslive.com.

C. You agree that you will not use the Web site and the services and features offered through the Web site (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without CampusLIVE’s prior written consent, (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifiable information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations. In order to protect third parties and other users from such prohibited conduct, CampusLIVE reserves the right to restrict, in its sole discretion, communications which a user may send through the Web site.

6. Intellectual Property Rights

The content on the Web site, except all User Submissions (“Web site Content”) is owned by or licensed to CampusLIVE, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. CampusLIVE, Inc. is the owner of the trademark CampusLIVE^™ and such mark may not be used in connection with any product or service in any manner without CampusLIVE’s prior written consent. You in no way will obtain any ownership interest in the Web site Content, trademarks or service marks contained on this Web site. Web site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. CampusLIVE reserves all rights not expressly granted in and to the Web site and the Web site Content. You agree to not engage in the use, copying, or distribution of any of the Web site Content other than as expressly permitted herein or as reasonably necessary to use the Web site for its intended purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Web site Content or User Submissions or enforce limitations on use of the Web site or the Web site Content and User Submissions.

7. User Submissions

A. The Web site may permit the submission of certain user-generated text, information, data, video, chats, audio, photographs, files or other content to the Web site (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by CampusLIVE and viewed by both general users and registered members of the Web site. You understand that CampusLIVE does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of submitting, posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CampusLIVE to use all copyrights, trademarks, trade secrets, patents or any other proprietary or personal rights in and to your User Submissions to enable inclusion and use of such User Submissions in the manner contemplated by the Web site and these Terms of Use; (ii) submitting, posting or publishing your User Submission on or through the Web site does not and will not violate any confidentiality obligations between you and any person or organization or the privacy rights, publicity rights or other rights of any person; and (iii) you have the written consent, release, and/or permission of each and every identifiable person or organization in your User Submission to use the name or likeness of each and every such identifiable person or organization to enable inclusion and use of the User Submissions in the manner contemplated by the Web site and these Terms of Use. You further affirm, represent and warrant that your User Submissions are not defamatory or libelous in any manner whatsoever.

C. You will retain all ownership rights in your User Submissions, and CampusLIVE will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Web site for CampusLIVE’s commercial, marketing or any similar purpose, without your consent.

By submitting a User Submission to CampusLIVE and permitting it to be viewed, posted or published on our Web site, you hereby grant to CampusLIVE a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license to use, post and store User Submissions on our Web site and servers and publish, distribute and display such User Submissions in connection with the Web site and CampusLIVE’s (and its successor’s) business, including without limitation the right to distribute such User Submissions to other users and third parties. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.

D. In connection with any User Submissions, you further agree that you will not: (i) submit or publish falsehoods, misrepresentations or statements that could damage CampusLIVE or any third party; (ii) submit material that is false, misleading, inaccurate, derogatory, unlawful, obscene, defamatory, contains nudity, libelous, threatening, sexually explicit or pornographic, harassing, hateful, intimidating, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense of any federal, state or local law, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or business solicitations, including any “junk mail” or “spam”; (iv) impersonate another person, institution or organization or falsely state or otherwise misrepresent yourself, your age or your affiliation with any third party, organization, institution or person; (v) upload, post, store or otherwise make available any virus, bug, Trojan horse or other computer file or program that is capable of destroying, interrupting or interfering with or limiting the functionality of the Web site or any server, computer hardware, software or equipment. CampusLIVE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. CampusLIVE reserves the right to remove Web site Content and User Submissions without prior notice. CampusLIVE also reserves the right to decide whether Web site Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, trademark infringement, violations of rights of publicity or privacy, obscene or defamatory material, or excessive length. CampusLIVE may remove such User Submissions and/or terminate a user’s access for accessing or distributing such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

E. You understand that when using the Web site, you will be exposed to User Submissions and third party information from a variety of sources and that CampusLIVE is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CampusLIVE with respect thereto.

8. Promotions and Coins

A. From time to time CampusLIVE may make available certain sweepstakes, contests and other promotions on the Web site (collectively referred to herein as "Promotions"). Your participation in any such Promotions is subject to and governed by the General Terms & Conditions and any other additional specific terms and conditions as set forth on any specific landing page for any such Promotion on the Web site. All such Promotion terms and conditions are hereby incorporated by reference into these Terms of Use.

B. CampusLIVE may provide you with opportunities to earn coins ("Coins") through activities on the Web site. Such Coins (i) may be eligible to be used as entries into Promotions, as permitted by CampusLIVE from time to time, and for other activities, such as auctions, etc., that may be offered from time to time through the Web site, (ii) do not constitute property of the holder, (iii) are not transferable, (iv) are not redeemable for cash or for any other form of currency or credit, (v) have no fixed or ascertainable cash value, and (vi) cannot be returned, exchanged, refunded or replaced by cash.

9. Digital Millennium Copyright Act

A.Notification

If you are a copyright owner or an agent thereof and believe that any User Submission or other Web site Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Web site; (iii) a description of the location on the Web site of the allegedly infringing material(s); (iv) your address, telephone number, and e-mail address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CampusLIVE’s designated Copyright Agent for notice of claims of infringement is:

Jesse Morgan
CampusLIVE, Inc.
108 Lincoln Street
Boston, MA 02111

e-mail: copyright@campuslive.com
telephone: 617.451.1790
fax: 617-507-6356

Only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CampusLIVE’s customer service at staff@campuslive.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

B. Counter-Notification. If you believe that any User Submission of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your User Submission, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the commonwealth or state your are located or the Commonwealth of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter notification is received by the Copyright Agent, CampusLIVE shall send a copy of such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, CampusLIVE may, in its sole discretion, reinstate the removed material or cease disabling such material.

C. In accordance with the DMCA and other applicable law, CampusLIVE shall, in appropriate circumstances, terminate access, at CampusLIVE’s sole discretion, of any registered member that CampusLIVE finds to be a repeat infringer of others copyrights. CampusLIVE may also, in its sole discretion, limit or fully terminate access to the Site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.

10. Member Disputes

You are solely responsible for your interactions with other users or members of the Web site and any disputes that may arise.

11. Warranty Disclaimer

You agree that your use of the Web site shall be at your sole risk. The Web site, the Web site Content, User Submissions and any services made available on the Web site are provided on an “as is” and “as available” basis. CampusLIVE does not make and disclaims any and all express and implied warranties and representations, including but not limited to any implied warranty or fitness for a particular purpose, with regard to the Web site, the Web site Content, User Submissions or any advice or services provided through the Web site, to the fullest extent permitted by law. Without limiting the foregoing, CampusLIVE does not represent or warrant that: (i) the Web site will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Web site will be corrected; or (iii) the Web site or the server that makes it available are free of viruses or other harmful components. CampusLIVE does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any institution or third party through the Web site or any hyperlinked web site.

12. Limitation of Liability.

In no event shall CampusLIVE, its officers, directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: (i) any indirect, special, incidental or consequential damages that may be incurred by you; (ii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and (iii) any claim, damage, or loss which may be incurred by you as a result of (a) the availability of Web site and/or any other third-party web sites, (b) any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Web site or any third-party web site; or (iii) any of your transactions with third parties or other users. The limitations on CampusLIVE’s liability to you above shall apply whether or not CampusLIVE has been advised of the possibility of such losses or damages arising. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that CampusLIVE shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

13. Indemnity

You agree to indemnify and hold harmless CampusLIVE, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions, demands, liabilities or settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your conduct using the Web site, your violation of these Terms of Use or, your violation any other legal notices or guidelines

14. Ability to Accept Terms of Use

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. The CampusLIVE Web site is not intended for children under the age of thirteen (13).

If you are under 13 years of age, then please do not use the Web site and exit now.

15. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CampusLIVE without restriction.

16. Governing Law, Location, Entire Agreement

These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Web site, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.

17. Invalidity; Waiver

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CampusLIVE’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

18. Termination/Exclusion

We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Web site for any reason or for no reason whatsoever including improper use of this Web site or failure to comply with these Terms of Use or any other notices or guidelines, and to take any other action we deem appropriate.

19. User Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to CampusLIVE are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. CampusLIVE shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.

20. Questions; Comments

If you have any questions or comments on this Web site or become aware of misuse of the Web site by any person, please contact us at staff@campuslive.com or at the following address: CampusLIVE, Inc., Attn: User Comments, 108 Lincoln Street, Boston, MA 02111.

21. Effective Date

These Terms of Use are effective as of October 1, 2010.