1. Acceptance
of Terms
WalktoCampus.com.com provides a collection of online resources for
the university and college community, (referred to hereafter as "the
Service") subject to the following Terms of Use ("Terms"), which may
be updated by WalktoCampus.com.com from time to time.
WalktoCampus.com will provide notice of materially significant
changes to the Term by posting notice on the WalktoCampus.com site.
By using the Service in any way, you are agreeing to comply with
these Terms. In addition, when using particular WalktoCampus.com
services, you agree to abide by any applicable posted guidelines for
all WalktoCampus.com services, which may change from time to time.
Should you object to any term or condition of these Terms, any
guidelines, or any subsequent modifications thereto or become
dissatisfied with WalktoCampus.com in any way, your only recourse is
to immediately discontinue use of WalktoCampus.com.
2. Content
You understand that
all postings, messages, text, files, images, photos, video, sounds,
or other materials ("Content") posted on, transmitted through, or
linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are
entirely responsible for all Content that you post, email or
otherwise make available via the Service. You understand that
WalktoCampus.com does not control, and is not responsible for
Content made available through the Service, and that by using the
Service, you may be exposed to Content that is offensive, indecent,
inaccurate, misleading, or otherwise objectionable. Furthermore, the
WalktoCampus.com site and Content available through the Service may
contain links to other websites, which are completely independent of
WalktoCampus.com. WalktoCampus.com makes no representation or
warranty as to the accuracy, completeness or authenticity of the
information contained in any such site. Your linking to any other
websites is at your own risk. You agree that you must evaluate, and
bear all risks associated with, the use of any Content, that you may
not rely on said Content, and that under no circumstances will
WalktoCampus.com be liable in any way for any Content or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Service.
You acknowledge that WalktoCampus.com does not pre-screen or approve
Content, but that WalktoCampus.com shall have the right (but not the
obligation) in its sole discretion to refuse, delete or move any
Content that is available via the Service, for violating the letter
or spirit of the Terms or for any other reason.
3. Notification of Claims of Infringement
If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been
otherwise violated, please notify WalktoCampus.com's agent for
notice of claims of copyright or other intellectual property
infringement ("Agent")
Copyright Agent
WalktoCampus.com
1779 Wells Branch Parkway #165
Austin TX, 78728
Please provide
our Agent with the following Notice:
1.
Identify the copyrighted work or other intellectual property that you
claim has been infringed;
2.
Identify the material on the WalktoCampus.com site that you claim is
infringing, with enough detail so that we may locate it on the
website;
3.
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
4.
A statement by you declaring under penalty of perjury that (a) the
above information in your Notice is accurate, and (b) that you are
the owner of the copyright interest involved or that you are
authorized to act on behalf of that owner;
5.
Your address, telephone number, and email address; and
6.
Your physical or electronic signature.
WalktoCampus.com
will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millennium Copyright Act (DMCA).
4. Privacy and
Information Disclosure
WalktoCampus.com
has established a
Privacy Policy to explain to users how their information is
collected and used. Your use of the WalktoCampus.com website or the
Service signifies acknowledgement of and agreement to our Privacy
Policy. You further acknowledge and agree that WalktoCampus.com may,
in its sole discretion, preserve or disclose your Content, as well
as your information, such as email addresses, IP addresses,
timestamps, and other user information, if required to do so by law
or in the good faith belief that such preservation or disclosure is
reasonably necessary to: comply with legal process; enforce these
Terms; respond to claims that any Content violates the rights of
third-parties; or protect the rights, property, or personal safety
of WalktoCampus.com, its users or the general public.
5. Conduct
You agree not to post, email, or otherwise make
available Content:
§
that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms
minors in any way;
§
that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
§
that impersonates any person or entity, including, but not limited to,
a WalktoCampus.com employee, or falsely states or otherwise
misrepresents your affiliation with a person or entity;
§
that includes personal or identifying information about another person
without that person's explicit consent.
§
that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
§
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a
right to make available under any law or under contractual or
fiduciary relationships.
§
that constitutes or contains "affiliate marketing," "link referral
code," "junk mail," "spam," "chain letters," "pyramid schemes," or
unsolicited commercial advertisement.
§
that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the WalktoCampus.com sites which are not
designated for such purposes; or (2) emailed to WalktoCampus.com
users who have requested not to be contacted about other services,
products or commercial interests.
§
that constitutes posting essentially the same item or service to more
than two classified categories or forums, or to more than two
separate metropolitan areas.
§
that includes links to commercial services or web sites, except as
allowed in "small business ads".
§
that advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law, including
without limitation items the sale of which is prohibited or
regulated by California law -
a partial list of
these is provided for your convenience
§
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
§
that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise
negatively affects other users' ability to use the Service; or
§
that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you
agree not to:
§
contact anyone who has asked not to be contacted;
§
"stalk" or otherwise harass anyone;
§
collect personal data about other users for commercial or unlawful
purposes;
§
use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - exception is
made for internet search engines (e.g. Google) and non-commercial
public archives (e.g. archive.org) that comply with our robots.txt
file;
§
purposefully post Content in a irrelevant category or city, repeatedly
post the same or similar Content or otherwise impose an unreasonable
or disproportionately large load on our infrastructure; or
§
attempt to gain unauthorized access to WalktoCampus.com's computer
systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the Service or the WalktoCampus.com website.
6. No Spam
Policy
You understand and
agree that sending unsolicited email advertisements to
WalktoCampus.com email addresses or through WalktoCampus.com
computer systems, which is expressly prohibited by these Terms, will
use or cause to be used servers located in California. Any
unauthorized use of WalktoCampus.com computer systems is a violation
of these Terms and certain federal and state laws, including without
limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45
of the California Business and Professions Code. Such violations may
subject the sender and his or her agents to civil and criminal
penalties.
7. Limitations
on service
You acknowledge
that WalktoCampus.com may establish limits concerning use of the
Service, including the maximum number of days that Content will be
retained by the Service, the maximum number and size of postings,
email messages, or other Content that may be transmitted or stored
by the Service, and the frequency with which you may access the
Service. You agree that WalktoCampus.com has no responsibility or
liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that
WalktoCampus.com reserves the right at any time to modify or
discontinue the Service (or any part thereof) with or without
notice, and that WalktoCampus.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance
of the Service.
8. Termination
of service
You agree that
WalktoCampus.com, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email
or IP address, or otherwise terminate your access to or use of the
Service (or any part thereof), immediately and without notice, and
remove and discard any Content within the Service, for any reason,
including, without limitation, if WalktoCampus.com believes that you
have acted inconsistently with the letter or spirit of the Terms.
Further, you agree that WalktoCampus.com shall not be liable to you
or any third-party for any termination of your access to the Service
9. Dealings
with organizations and individuals
Your interactions
with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals. You agree that WalktoCampus.com
shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings. If there is a
dispute between participants on this site, or between users and any
third party, you understand and agree that WalktoCampus.com is under
no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release
WalktoCampus.com, its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and / or our service.
10. Proprietary
rights
The Service is
protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service
is protected by copyright as a collective work and/or compilation,
pursuant to copyrights laws, and international conventions. Any
reproduction, modification, creation of derivative works from or
redistribution of the Sites or the collective work is prohibited.
Copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is
prohibited. You further agree not to reproduce, duplicate or copy
Content from the Service, and agree to abide by any and all
copyright notices displayed on the Service. You may not decompile or
disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any aspect of the Service.
WALKTOCAMPUS.COM is a registered mark in the U.S. Patent and
Trademark Office.
Although
WalktoCampus.com does not claim ownership of content that its users
post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the
right to grant, to WalktoCampus.com an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform,
display, and distribute said Content and to prepare derivative works
of, or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing.
11. Disclaimer
of Warranties
YOU AGREE THAT USE
OF THE WALKTOCAMPUS.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN
RISK. THE WALKTOCAMPUS.COM SITE AND THE SERVICE ARE PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT
PERMITTED BY LAW, WALKTOCAMPUS.COM DISCLAIMS ANY WARRANTIES FOR THE
SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE
WALKTOCAMPUS.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT
PERMITTED BY LAW, WALKTOCAMPUS.COM DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
WALKTOCAMPUS.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH
ANY LINKS ON THE WALKTOCAMPUS.COM SITE. TO THE FULLEST EXTENT
PERMITTED BY LAW, WALKTOCAMPUS.COM DISCLAIMS ANY WARRANTIES FOR
VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
WALKTOCAMPUS.COM SITE OR THE SERVICE. Some jurisdictions do not
allow the disclaimer of implied warranties. In such jurisdictions,
some of the foregoing disclaimers may not apply to you insofar as
they relate to implied warranties.
12. Limitations
of Liability
UNDER NO
CIRCUMSTANCES SHALL WALKTOCAMPUS.COM BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
WALKTOCAMPUS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
WALKTOCAMPUS.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE WALKTOCAMPUS.COM SITE OR THE SERVICE, FROM
INABILITY TO USE THE WALKTOCAMPUS.COM SITE OR THE SERVICE, OR THE
INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION
OF THE WALKTOCAMPUS.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE WALKTOCAMPUS.COM SITE OR THE SERVICE OR ANY LINKS ON THE
WALKTOCAMPUS.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
WALKTOCAMPUS.COM SITE OR THE SERVICE OR ANY LINKS ON THE
WALKTOCAMPUS.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of
liability are not permitted. In such jurisdictions, some of the
foregoing limitation may not apply to you.
13. Indemnity
You agree to
indemnify and hold WalktoCampus.com, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents,
service providers, suppliers and employees, harmless from any claim
or demand, including reasonable attorney fees and court costs, made
by any third party due to or arising out of Content you submit, post
or make available through the Service, your use of the Service, your
violation of the Terms, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
14. General
information
The Terms
constitute the entire agreement between you and WalktoCampus.com and
govern your use of the Service, superseding any prior agreements
between you and WalktoCampus.com. The Terms and the relationship
between you and WalktoCampus.com shall be governed by the laws of
the State of California without regard to its conflict of law
provisions. You and WalktoCampus.com agree to submit to the personal
and exclusive jurisdiction of the courts located within the county
of San Diego, California. The failure of WalktoCampus.com to
exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of
the Terms is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms remain in full
force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of the Service or the Terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
15. Violations
of Terms and Liquidated Damages
Please report any
violations of the Terms, by
contacting us. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to
subsequent or similar breaches. |
