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CAMPUSGOSSIP TERMS OF USE AGREEMENT

CampusGossip.com (“CampusGossip”) is a social networking service that allows Users to anonymously post their stories, views, and ideas that pertain to their college experience. They also have the ability to comment on other people’s posts. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of CampusGossip. By using CampusGossip, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the CampusGossip Website) or you are a "Content Generator" (which means that you post content on CampusGossip). The term "User" refers to a Visitor or a Content Generator. You are authorized to use CampusGossip (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the CampusGossip Website and discontinue use of CampusGossip immediately. If you wish to become a User, communicate with other Users and post content on CampusGossip, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes CampusGossip’s policy for acceptable use of CampusGossip and Content posted on the CampusGossip Website and, your rights, obligations and restrictions regarding your use of CampusGossip and the CampusGossip Website. CampusGossip may modify this Agreement from time to time and such modification shall be effective upon posting by CampusGossip on the CampusGossip Website. You agree to be bound to any changes to this Agreement when you use the CampusGossip after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on CampusGossip and that you provide to other Users. Your CampusGossip posts may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other CampusGossip Members (for instance, in their posts or comments) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and CampusGossip assumes no responsibility or liability for this material. If you become aware of misuse of the CampusGossip by any person, please click on the Flag feature to" Report Inappropriate Content" link at the bottom of the CampusGossip home page. CampusGossip reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the CampusGossip Website at any time, for any or no reason, with or without prior notice, and without liability. CampusGossip expressly reserves the right to restrict, suspend, or terminate your access to any part of the CampusGossip Website if CampusGossip determines, in its sole discretion, that you pose a threat to CampusGossip and/or its Users. 1. Eligibility. Use of and Membership in CampusGossip is void where prohibited. By using CampusGossip, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of CampusGossip does not violate any applicable law or regulation. The only registration needed is your .edu email address and to create a user name. 2. Term. This Agreement shall remain in full force and effect while you use CampusGossip. CampusGossip may terminate your privilege of use at any time without warning. Even after privilege of use is terminated, this Agreement will remain in effect, including sections 5-17 of this Terms of Use Agreement. 3. Non-commercial Use by Users. CampusGossip is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by CampusGossip. Illegal and/or unauthorized use of CampusGossip, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the CampusGossip Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of CampusGossip. 4. Proprietary Rights in Content on CampusGossip 4.1. CampusGossip does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the CampusGossip Website. After posting your Content to CampusGossip, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. 4.2. You represent and warrant that: (i) you own the Content posted by you on or through CampusGossip or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through CampusGossip does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to, on or through CampusGossip. 5. CampusGossip contains Content of CampusGossip ("CampusGossip Content"). CampusGossip Content is protected by copyright, trademark, patent, trade secret and other laws, and CampusGossip owns and retains all rights in the CampusGossip Content. 5.1. CampusGossip contains Content of Users and other CampusGossip licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through CampusGossip. 6. Content Posted. 6.1. CampusGossip may delete any Content that in the sole judgment of CampusGossip violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. CampusGossip assumes no responsibility for monitoring CampusGossip for inappropriate Content or conduct. If at any time CampusGossip chooses, in its sole discretion, to monitor the CampusGossip Website, CampusGossip nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 6.2. You are solely responsible for the Content that you post on or through CampusGossip, and any material or information that you transmit to other Members and for your interactions with other Users. CampusGossip does not endorse and has no control over the Content. Content is not reviewed by CampusGossip prior to posting and does not reflect the opinions or policies of CampusGossip. CampusGossip makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. 7. Content: Activity Prohibited. 7.1. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through CampusGossip. Services. CampusGossip reserves the right to investigate and take appropriate legal action against anyone who, in CampusGossip's sole discretion, violates this provision, including without limitation, removing the offending communication from the CampusGossip and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of CampusGossip: 1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 2. harasses or advocates harassment of another person; 3. exploits people in a sexual or violent manner; 4. contains nudity, violence, or offensive subject matter or contains a link to an adult website; 5. solicits personal information from anyone under 18; 6. provides any telephone numbers, street addresses, last names-last names are ok, URLs or email addresses; 7. publishes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; some of this conduct is ok to post about, but to a certain degree; 8. publishes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; 7.2. The following is a partial list of the kind of activity that is illegal or prohibited on the CampusGossip Website and through your use of the CampusGossip. CampusGossip reserves the right to investigate and take appropriate legal action against anyone who, in CampusGossip's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: 1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; 2. advertising to, or solicitation of, any Member to buy or sell any products or services through CampusGossip. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from CampusGossip in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. 4. any automated use of the system, such as using scripts to send comments or messages; 5. interfering with, disrupting, or creating an undue burden on CampusGossip or the networks or services connected to CampusGossip; 6. attempting to impersonate another User or person; 7. using any information obtained from CampusGossip in order to harass, abuse, or harm another person; 8. using CampusGossip in a manner inconsistent with any and all applicable laws and regulations. 8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CampusGossip to terminate Usage privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to CampusGossip by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on CampusGossip in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on CampusGossip; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. CampusGossip's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent,____________________________ email: copyrightagent@CampusGossip.com 9. User Disputes. You are solely responsible for your interactions with other CampusGossip Users. 10. Privacy. Use of the CampusGossip is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. 11. Disclaimers. CampusGossip is not responsible for any incorrect or inaccurate Content posted on the CampusGossip Website or in connection with CampusGossip, whether caused by Users of CampusGossip or by any of the equipment or programming associated with or utilized in the CampusGossip. Content posted by Users on the CampusGossip Website may contain links to other websites. CampusGossip is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by CampusGossip. Inclusion of any linked website on the CampusGossip does not imply approval or endorsement of the linked website by CampusGossip. When you access these third-party sites, you do so at your own risk. CampusGossip takes no responsibility for third party advertisements which are posted on the CampusGossip Website or through CampusGossip, nor does it take any responsibility for the goods or services provided by its advertisers. CampusGossip is not responsible for the conduct, whether online or offline, of any User of CampusGossip. CampusGossip assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. CampusGossip is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CampusGossip or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with CampusGossip. Under no circumstances shall CampusGossip be responsible for any loss or damage, including personal injury or death, resulting from use of the CampusGossip Website, attendance at a CampusGossip event, from any Content posted on or through the CampusGossip Website, or from the conduct of any Users of CampusGossip, whether online or offline. The CampusGossip services are provided "AS-IS" and as available and CampusGossip expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CampusGossip cannot guarantee and does not promise any specific results from use of CampusGossip. 12. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE COLLEGE GOSSIP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CAMPUSGOSSIP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CAMPUSGOSSIP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CAMPUSGOSSIP WEBSITE. CAMPUSGOSSIP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CAMPUSGOSSIPWEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COLLEGEGOSSIP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 13. Limitation on Liability. IN NO EVENT SHALL CAMPUSGOSSIP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF CAMPUSGOSSIP, EVEN IF CAMPUSGOSSIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. 14. Disputes. If there is any dispute about or involving the CampusGossip, you agree that the dispute shall be governed by the laws of the District of Columbia, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the courts located in the District of Columbia. Either CampusGossip or you may demand that any dispute between CampusGossip and you about or involving CampusGossip must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) provided that the foregoing shall not prevent CampusGossip from seeking injunctive relief in a court of competent jurisdiction. 15. Indemnity You agree to defend, indemnify and hold harmless CampusGossip, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the CampusGossip Website; (ii) your violation of any term of this Terms of Use Agreement; (iii) your violation of any third party right, including without limitation any copyright. property, or privacy right; or (iv) any claim that any content posted by you caused damage to a third party. This defense and indemnification obligation will survive this Terms of Use Agreement. 16. Other. This Agreement is accepted upon your use of CampusGossip or the CampusGossip Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and CampusGossip regarding the use of CampusGossip. The failure of CampusGossip to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: _questions@campusgossip.com_____with any questions regarding this Agreement. 17. Ability to Accept Terms of Service You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the CampusGossip Website is not intended for children under 13. 18. General You agree that: (i) the CampusGossipCampusGossip Website shall be deemed solely based In _________and (ii) the CampusGossip Website shall be deemed a passive website that does not give rise to personal jurisdiction over CampusGossip, either specific or general, in jurisdictions other than___________. These Terms of Service, together with the Privacy Notice and any other legal notices published by CampusGossip on the Website, shall constitute the entire agreement between you and CampusGossip concerning the CampusGossip Website. If any provision of these Terms of Service 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 Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CampusGossip's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. CampusGossip reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the CampusGossip Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 
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