CAMPUS MEDIA GROUP
Terms and Conditions of Use for the Mytasca.com Website
Effective Date: September 2, 2014
Date of Most Recent Revision: September 2, 2014
This Website (defined below) is provided by Campus Media Group ("Campus Media" or "we" (including objective "us" and possessive "our")). These "Terms and Conditions of Website Use" ("Agreement") constitute the Agreement between you, an employment recruiter using the Mytasca website pursuant to a seat-license subscription ("User," or "you," including possessive "your"), and Campus Media in regard to your use of the Website, regardless of the manner in which you access or use the Website. Under this Agreement, the term "Website" means the internet domain address within which this Agreement is posted and all features, applications, content (including all text and graphics), and downloads that are operated by Campus Media on this Website, and that are available through this Website, and that interact with or link to this Agreement.
Your use of this Website constitutes your agreement to the terms and conditions set forth herein and your consent to use the Website in accordance with these terms and conditions.
Each time you access and/or use the Website, you agree to be bound by and comply with all of the terms and conditions of this Agreement. Therefore, do not use the Website if you do not agree to all of the terms of this Agreement. Also, please note that Campus Media reserves the right to modify, change, amend, or supplement the terms and conditions of this Agreement at any time without advance notice to the users of the Website. Therefore, we recommend that you review this Agreement from time to time to determine if changes have been made to this Agreement.
1. CAMPUS MEDIA's CONTENT.
The Website contains, or may contain, a variety of materials and other items relating to Campus Media and its products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the "look and feel" of the Website, and the compilation, assembly, and arrangement of the materials of the Website and any and all copyrightable material (including source and object code), trademarks, logos, trade names, service marks, company names, and trade identities of various parties, including those owned by Campus Media and those owned by third parties and licensed to Campus Media for use on the Website (collectively, "Trademarks"), and other forms of intellectual property (all of the foregoing is defined and referred to collectively as "Content").
The Website (including any past, present, and future versions) and the Content are owned by Campus Media or controlled by Campus Media through licenses granted to Campus Media by its licensors. All right, title, and interest in and to the Content available via the Website is the property of Campus Media or of our licensors, and is protected by U.S. federal copyright, trademark, patent, and trade secrets laws and by other federal and state intellectual property, and unfair competition laws. In addition to Campus Media's copyright ownership of the Content, Campus Media owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website. "Intellectual Property Rights," as used in this Agreement, means any and all rights belonging to Campus Media and existing under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, in any intellectual property, which includes, but is not limited to, patentable inventions, ideas, and processes, trade secrets, trademarks, trade names, copyrightable works, and any confidential information. As between you and Campus Media, Campus Media retains all its respective titles, interests, and ownership in the Website and the Content, and you understand and acknowledge that neither you nor any other User acquires any ownership in any Intellectual Property Rights regarding the Website or the Content under this Agreement.
C. Limited License Granted to You in regard to Campus Media's Content.
Subject to your strict compliance with this Agreement, Campus Media grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license (the "Limited License") to download (for temporary storage only), display, view, use, play, enter data, customize data, export data, and/or print the Content (excluding source and object code in any form, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, an "Internet Access Device") solely for use within the scope of your business purposes as an employment recruiter and for no other purpose.
The foregoing Limited License does not include a right to distribute copies of the Content, in whole or in part, to the public in any manner, form, or type of media. Campus Media may allow limited distribution in limited circumstances, but only on a case by case basis and only if Campus Media's permission is obtained in advance and in writing in a separate agreement.
The foregoing Limited License does not give you any ownership of, or any other intellectual property interest in, any Content, and Campus Media reserves the right to suspend or terminate, at any time and for any reason, your Limited License without any advance notice to you, and without any liability. This Agreement includes only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Campus Media. Any unauthorized use of any Content or of the Website for any purpose is strictly prohibited. Your unauthorized use of Content may violate rights owned by Campus Media or its licensors, and it may violate not only Intellectual Property Rights, but also laws regarding privacy, publicity, communications, and other laws. If you make unauthorized use of Content owned by Campus Media or its licensors of materials owned by a third party, your use may result in liability for you and your company, including potential criminal liability.
2. USER-GENERATED CONTENT: CONTENT YOU SUBMIT.
A. Your Ownership of User-Generated Content.
Campus Media provides you the opportunity to post, upload, display, or otherwise make available on or submit through the Website (collectively, "submit") information that you desire college and university career centers and other prospective employers to know (collectively, "User-Generated Content"). Subject to the rights and license you grant to Campus Media in this Agreement (see below), you retain whatever legally cognizable rights, title, and interest that you have in your User-Generated Content. You understand and acknowledge that Campus Media has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content. You also understand and acknowledge that Campus Media has the right to expand, modify, or restrict the forums on the Website in which Users can post, upload, display, or otherwise make available User-Generated Content at any time and without advance notice to you or to other Users.
B. Your User-Generated Content Should Not Be and Is Not Confidential.
Please be aware that a basic assumption of this Agreement is that your User-Generated Content consists of information that you want others to know so that they can use this Website for its intended purposes. Acting upon this assumption, Campus Media will not treat your User-Generated Content as confidential information: it will not be private or confidential, and, under this Agreement, Campus Media has no obligation maintain your User-Generated Content as confidential or private. Therefore, your User-Generated Content should not consist of any information that you desire to remain private. For these reasons, when you post personally identifiable information (hereinafter, "PII"), it should only consist of PII which you desire should be publicly known, such as the names and contact information of persons in your company or organization who use the Website for recruitment purposes. You should not post and/or share as User-Generated Content any PII which should remain private, such as credit card numbers, social security numbers, bank account numbers, or other private information which relates to a specific individual Based on all of the foregoing, under this Agreement, you acknowledge that your User-Generated Content is non-confidential. Further, you acknowledge that the internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will therefore undertake to refrain from including any private PII in your User-Generated Content.
C. Your License to Campus Media Regarding Your User-Generated Content.
You hereby grant to Campus Media a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, display, publish, and broadcast, in whole or in part, your User-Generated Content on the Website. Without limitation, the rights you are granting to Campus Media include the rights to configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, combine your User-Generated Content with other materials, manage, and remove your User-Generated Content from the Website. In addition, the foregoing licensed rights include Campus Media's right to restrict visibility of your school selections and your notes, including your feedback notes, to persons who have access to your User-Generated Content pursuant to your seat-license subscription.
D. Campus Media's Exclusive Right to Manage All User-Generated Content.
Campus Media may, but has no obligation to, review, monitor, display, post, store, maintain, accept, endorse, or otherwise make use of, any of your User-Generated Content, and Campus Media may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of your User-Generated Content without notice to you and without any liability to you or any third party. Campus Media reserves the right to treat User-Generated Content on the Website as content stored at the direction of Users for which Campus Media will not exercise any control except to block or remove content that comes to Campus Media's attention and is offensive, obscene, lewd, lascivious, salacious, violent, harassing, threatening, abusive, infringing, illegal or otherwise objectionable in Campus Media's sole discretion and judgment; or, to enforce the rights of third parties or the content restrictions set forth in other provisions of this Agreement, when notice of a violation comes to Campus Media's attention. You understand and acknowledge that Campus Media has no obligation to post, display, maintain, store, access, cache, or archive your User-Generated Content for any period of time. Further, you understand and acknowledge that your act of posting any User-Generated Content on the Website does not constitute an endorsement by Campus Media of your or any other User's User-Generated Content, including any links to third-party websites.
E. Your Representations and Warranties for Your User-Generated Content.
Each time you submit any User-Generated Content, you represent and warrant the following:
(1) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Campus Media the rights to it that you are granting by this Agreement; and
(2) the User-Generated Content is accurate; and
(3) the User-Generated Content is not offensive, obscene, lewd, lascivious, salacious, violent, harassing, threatening, abusive, illegal, injurious, harmful to any other person, or otherwise objectionable; and
(5) the User-Generated Content does not and will not infringe any intellectual property or other right of any third party; and
(6) the User-Generated Content will not violate this Agreement.
F. No Guarantee of Success in regard to Any Results
You understand, acknowledge, and agree that Campus Media shall have no liability of any kind for any results or lack of results which you may experience or fail to experience with this Website. In addition, you understand, acknowledge, and agree that Campus Media shall have no liability of any kind for any actions you take or fail to take based on information you acquire from the User-Generated Content of any other Users.
G. Campus Media's Right to Use Non-Personally Identifiable Data.
You understand, agree, and acknowledge that Campus Media may collect, gather, aggregate, and use non-personally identifiable information and demographic data regarding Users, including you, and their activities in regard to the Website and the Content and their interaction with the Website and the Content ("Data"). Campus Media may use and retain this Data for any purpose, without limitation, both within the Website and in other tangible media, including such purposes as improving or modifying the Website or such purposes that may generate new intellectual property, without any compensation or royalty owed to you or to any other User.
3. USER CONDUCT ON THE WEBSITE.
You hereby understand, acknowledge, and agree that you will not do any of the following: alter, modify, edit, amend, abridge, add to, delete from, adapt, repackage, or change any of the Content or the Website in whole or in part; and/or remove any notices of copyright, any watermarking, or any other proprietary notices or language referring to Campus Media's ownership of the Content and the Website; and/or copy, reproduce, publish, distribute, or redistribute any of the Content, in whole or in part, to any person who is not an authorized User of the Website; and/or attempt to sell, resell, lend, lease, license, sublicense, assign, or otherwise transfer or attempt to transfer the Content, the Website, any rights granted under this Agreement, or any intellectual property rights owned by Campus Media to any other person or entity; and/or provide any other person or entity access to the Website by means of your username and/or your password; and/or attempt to lend, lease, license, sublicense, transfer, assign, sell, or resell your username(s) and password(s) to any other person or entity; and/or decompile, disassemble, translate or reverse engineer any portion of the Website or the Content, or otherwise discover or duplicate any technology, routines, computer software, algorithms, methods or underlying ideas or design or user interface techniques included in any portion of the Website or the Content; and/or monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any robot, rover, "bot," spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; and/or frame or use framing techniques to enclose any Content (including any images, text, or page layout) and display any Content within the frame on another website; and/or insert any code or product to manipulate Content in any way that affects, adversely or otherwise any other User's experience with the Website; and/or make or attempt to make any commercial use or exploitation of the Website or any of the Content; and/or circumvent, disable or otherwise interfere with the security features of the Website or the Content, or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Content; and/or collect or harvest any PII, including usernames and passwords, from the Website; and/or create multiple accounts by manual or automated means or under false or fraudulent pretenses; and/or create or transmit unwanted electronic communications or "spam" to other Users of the Website; and/or transmit any viruses, worms, defects, Trojan horses or other code sequence or routines of a destructive nature on the Website; and/or use the Website or the Content to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store illegal material; and/or use any metatags or any other "hidden text" utilizing any Campus Media trademarks and/or use any device, software or routine that interferes with the proper working of the Website or the Content; and/or claim the Website or any of the Content as your property, your creation, or your work of authorship, in whole or in part; and/or contest or dispute Campus Media's ownership of all Intellectual Property Rights in the Website and the Content; and/or use the Content after the termination date of your account; and/or fail at any time to provide true, accurate, complete, and current account registration data and information; and/or engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, salacious, injurious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Campus Media; and/or use the Website and/or the Content, in whole or in part, in any manner not authorized by this Agreement.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT ANY VIOLATION OF THE FOREGOING PROVISIONS MAY, IN CAMPUS MEDIA'S SOLE DISCRETION AND JUDGMENT, SUBJECT YOU TO THE IMMEDIATE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, AND MAY SUBJECT YOU TO CRIMINAL LIABILITY AND/OR LIABILITY FOR DAMAGES, COSTS, EXPENSES, OR FEES (INCLUDING ATTORNEY'S FEES) INCURRED BY CAMPUS MEDIA IN ENFORCING ITS RIGHTS AGAINST YOU UNDER THIS AGREEMENT.
4. REPORTING INTELLECTUAL PROPERTY INFRINGEMENT.
Campus Media will respond appropriately to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"). If you own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed by an improper posting of it as part of User-Generated Content on the Website, then you may send us a written notice that complies with the notification provisions outlined in the DMCA. The notification should contain the following information: your signature or the signature of your legal representative; a description of the copyrighted work that you claim has been infringed; a description that specifies the location of the work on the Website; your telephone number and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized; and, a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You should send the notification via email to email@example.com or via regular mail to Two Appletree Square, 4th Floor, Bloomington, MN 55425. We may send the information that you provide in your DMCA notification to the person who provided the allegedly infringing work. That person may elect to send us a DMCA counter-notification that complies with the notification provisions outlined in the DMCA. If you receive a communication from Campus Media that informs you that Campus Media has received a DMCA notification in regard to your User-Generated Content, you may send us a DMCA counter-notification. The counter-notification should be sent to the address listed above and should contain the following information: your signature or the signature of your legal representative; a description of the removed or disabled material; a statement by you, made under penalty of perjury, that you have a good faith belief that the removal or disablement was a mistake or that the material was misidentified; your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court in the judicial district where your address is located if the address is in the United States, or in Minnesota if your address is outside the United States. Without limiting Campus Media's other rights, Campus Media may, in appropriate circumstances, terminate a repeat infringer's access to the Website and any other website owned or operated by Campus Media. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than 10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
To report any other kind of intellectual property infringement, please send a detailed communication to firstname.lastname@example.org or Two Appletree Square, 4th Floor, Bloomington, MN 55425.
5. YOUR ACCOUNT.
A. Registration, Profile, Usernames, and Passwords.
If you register on the Website, you agree to the following:
(1) You will not use a username (or e-mail address) that is already being used by someone else, that may impersonate another person or entity, that belongs to another person or entity, that violates the intellectual property or other right of any person or entity, or that is offensive (Campus Media may reject the use of any password, username, or email address for any reason in our sole discretion); and
(2) You will provide accurate, current, and complete registration information about your company or organization in connection with the registration process and, as permitted, to maintain and update your profile continuously and promptly to keep it accurate, current, and complete for as long as you use the features to which the registration relates; and
(3) You are solely responsible for all activities that occur on the Website under your account, password, and username, whether or not you authorize the activity (except to the extent that any activity occurs due to unauthorized use of your password and username by another person or entity); and
(4) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your any password protected portion of the Website using your name, username, or password; and
(5) You will immediately notify Campus Media of any unauthorized use of your account, password, or username, or any other breach of security; and
(6) You will not sell, transfer, or assign your account or any account access rights.
Campus Media shall have no liability for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
B. Termination of Your Account.
If any information that you provide as part of your account registration is false, inaccurate, outdated, incomplete, or violates this Agreement, or any legal requirement or law, then Campus Media may suspend or terminate your account in its sole discretion. Campus Media also reserves the general right to terminate your account or suspend or otherwise deny you access to it or its benefits, all in our sole discretion, for any reason, and without advance notice to you and without incurring any liability for actions Campus Media takes to maintain the integrity and security of the Website.
C. Website Access Charges.
Campus Media reserves the right, upon reasonable notice, to charge some or all Users for access to some or all of the Website, to charge some or all Users for access to premium functionality or Content on some or all of the Website, to charge some or all corporate or organizational Users a per seat subscription fee, or to require some or all Users to take a free subscription or to register for a free account to access some or all of the Website ("Subscription(s)"). Campus Media further retains the right to change the Subscription criteria for certain kinds of Users, the right to change the terms and conditions for accessing the Website or portions of the Website; and the right to restrict access to the Website or portions of the Website, in whole or in part, based on any lawful eligibility requirements Campus Media may elect to impose (e.g., geographic or demographic limitations). Campus Media may modify, revalue, or make the Subscriptions free at its sole discretion without advance notice or liability. In addition, Campus Media may require multiple Subscriptions from one institution or company/organization to correspond to the number of Users within that institution or company/organization. Unless otherwise stated in this Agreement, in the event that Campus Media terminates or changes the Website, a portion of the Website, Content, or functionality associated with a Subscription in a way that materially diminishes the value of your Subscription, then Campus Media will provide you with either of the following at Campus Media's sole discretion: a pro rata refund of your unused Subscription corresponding to the value of the diminished features or portion of the terminated or changed Website, or an online credit for future redemption of comparable value corresponding to the value of the diminished features or portion of the terminated or changed Website. The valuation of the pro rata refund or credit will be determined in Campus Media's good faith business judgment, which determination will be final. The provision of a pro rata refund or credit will be your sole and exclusive remedy with respect to Campus Media's termination or change of the Website in a way that materially diminishes the value of any Subscription.
D. Customer Service.
Campus Media will respond to consumer service requests and other similar inquiries if properly communicated to Campus Media: email@example.com or (952) 697‑2000.
6. YOUR GENERAL REPRESENTATIONS AND WARRANTIES.
You represent and warrant the following in respect of this Agreement:
A. You have the necessary authority to enter into this Agreement; and
B. You shall cooperate with all of the instructions, rules, and procedures that apply to your Campus Media account;
C. You have provided and will continue to provide true, accurate, current, and complete registration information; and
D. You will respect and abide by all of your obligations under this Agreement, and you will perform your obligations under this Agreement diligently; and
E. You will comply with all laws and regulations applicable to this Agreement.
7. YOUR INDEMNIFICATION RESPONSIBILITIES.
You shall indemnify and hold harmless Campus Media, its officers, directors, employees, agents, and representatives from, and, at your expense, shall defend Campus Media against, any loss, damage or expense (including reasonable legal costs) that Campus Media and/or Campus Media's Partners incur or become liable for as a result of any breach by you of any of the terms of this Agreement; any negligent, reckless or willful act or omission by you or your agents; any failure by you to comply with applicable laws in performing under this Agreement; any misuse by you of the Website and/or the Content; or, any claim made against Campus Media by any third party for which Campus Media is not liable under this Agreement, and which arises as a consequence of your use of the Website. Campus Media shall notify you promptly of any indemnification obligation that arises under this Agreement, and you agree that you shall reimburse Campus Media for its expenses under this Section as they are incurred. Campus Media shall have the right, at its own expense, to participate in the defense of any claim, action or proceeding against which it is indemnified hereunder. You, in the defense of any such claim, action, or proceeding arising under this Section shall not, except with the written consent of Campus Media, enter into any settlement which adversely affects Campus Media's rights or which does not include, as an unconditional term, a release granted to Campus Media of all liabilities in respect of such claim, action or proceeding.
8. NO OTHER WARRANTIES.
CAMPUS MEDIA'S REPRESENTATIONS AND WARRANTIES THAT ARE EXPRESSLY SET FORTH IN THIS AGREEMENT ARE THE ONLY REPRESENTATIONS AND WARRANTIES PROVIDED BY CAMPUS MEDIA WITH RESPECT TO THE WEBSITE AND THE CONTENT, AND ANY OTHER ITEM OR SERVICE PROVIDED BY CAMPUS MEDIA. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT ONLY TO THE EXPRESS WARRANTIES PROVIDED UNDER THE AGREEMENT, THE WEBSITE, THE CONTENT, AND ANY OTHER ITEMS OR SERVICES ARE PROVIDED ON AN "AS-IS," AND "AS-AVAILABLE" BASIS. CAMPUS MEDIA EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY WARRANTY REGARDING RESULTS OBTAINABLE OR TO BE OBTAINED BY YOU OR ANY USER AS A RESULT OF PROVISION OR USE OF THE WEBSITE AND/OR THE CONTENT; AND ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION OF OR ACCESS TO THE CAMPUS MEDIA TECHNOLOGY AND MATERIALS OR PROVISION OF SERVICES. CAMPUS MEDIA RESERVES THE RIGHT TO MODIFY AND OR REMOVE ANY PORTION OF THE CONTENT, AT ANY TIME, WITH OR WITHOUT NOTICE. NO ORAL OR WRITTEN INFORMATION BY CAMPUS MEDIA OR ANY OTHER ENTITY OR PERSON SHALL CREATE ANY ADDITIONAL REPRESENTATION OR WARRANTY BY CAMPUS MEDIA. CAMPUS MEDIA DOES NOT REPRESENT, WARRANT, OR GUARANTY TO YOU OR ANY USER ANY PARTICULAR RESULTS TO BE ACHIEVED AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT CAMPUS MEDIA HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON YOUR USE OF THE WEBSITE AND/OR THE CONTENT. CAMPUS MEDIA IS NOT LIABLE FOR ANY DAMAGES THAT YOU OR ANOTHER USER MAY SUFFER ARISING OUT OF USE, DELAY IN PROVIDING, OR INABILITY TO USE, THE WEBSITE AND/OR THE CONTENT. CAMPUS MEDIA IS NOT LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF ANY OF YOUR USER-GENERATED CONTENT OR YOUR REGISTRATION INFORMATION OR DATA.
9. CONTENT DISCLAIMER.
ALTHOUGH CAMPUS MEDIA ATTEMPTS TO PROVIDE HIGH QUALITY CONTENT, CAMPUS MEDIA IS NOT RESPONSIBLE FOR ANY PERCEIVED FALSE, MISLEADING, INCOMPLETE, INACCURATE, OR OTHERWISE DEFECTIVE CONTENT, BECAUSE SOME CONTENT IS USER-GENERATED. CONTENT IS PROVIDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, AND CAMPUS MEDIA IS NOT RESPONSIBLE FOR ANY RELIANCE UPON CONTENT BY YOU OR OTHER USERS, OR BY ANY THIRD PARTY. THE CONTENT MAY CONTAIN SUBMISSIONS BY THIRD PARTIES THAT MAY BE PERCEIVED AS FALSE OR MISLEADING OR MAY BE PERCEIVED TO HAVE OTHER DEFECTS, AND CAMPUS MEDIA IS NOT RESPONSIBLE FOR SUCH CONTENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN THE EVENT OF DISSATISFACTION WITH THE CONTENT IS FOR YOU TO NOTIFY CAMPUS MEDIA ABOUT YOUR PERCEPTIONS OF THE CONTENT, IN WHICH CASE CAMPUS MEDIA WILL REVIEW THE COMPLAINT(S) WITH SUBJECT MATTER EXPERTS, AND/OR YOU MAY CHOOSE TO STOP USING THE CONTENT.
11. LIMITATION OF LIABILITY FOR CAMPUS MEDIA.
IN NO EVENT WILL CAMPUS MEDIA'S LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE CONTENT, THE WEBSITE, OR ANY OTHER ITEMS OR SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CLAIM OR FORM OF ACTION, INCLUDE ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR CLAIMS FOR LOSS OF BUSINESS OR PROFITS, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION, AND EVEN IF CAMPUS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. YOU UNDERSTAND AND ACKNOWLEDGE THAT CAMPUS MEDIA'S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER OR RELATING TO THIS AGREEMENT UNDER THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED AN AMOUNT, IN AGGREGATE, EQUAL TO THE FEES PAID BY YOU IN THE TWELVE MONTHS PRIOR TO WHEN THE DAMAGES FIRST AROSE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR RELATIONS WITH OTHER USERS, AND THAT CAMPUS MEDIA SHALL NOT BE LIABLE TO YOU OR ANY OTHER USERS, UNDER ANY CIRCUMSTANCES, FOR ANY DISPUTE THAT ARISES BETWEEN YOU AND ANOTHER USER OF THE WEBSITE AND/OR THE CONTENT.
12. GENERAL PROVISIONS.
A. Governing Law and Dispute Resolution.
This Agreement shall be deemed to have been made and shall be construed under the laws of the United States and of the State of Minnesota. Any dispute arising under this Agreement which cannot be resolved by good-faith negotiations between you and Campus Media within sixty (60) days after the date on which both parties had awareness of the dispute must be submitted to mediation before a neutral mediator in the city of Minneapolis, Minnesota. The mediator shall be accredited by the American Arbitration Association ("AAA") and shall be chosen with the consent of both parties, but if you and Campus Media cannot agree on a mediator within fourteen (14) days, a mediator shall be appointed by AAA. The mediation shall take place within forty-five (45) days after the mediator is chosen. The mediation shall take place on a single working day and shall last no longer than ten (10) hours, unless both parties consent to an extension of the mediation. The mediator shall apply U.S. and Minnesota law to substantive issues and the AAA rules for commercial mediation to procedural issues. Each party shall bear its own costs for participating in the mediation, and the parties shall split equally the costs and fees of the mediator. The resolution proposed by the mediator shall be binding only with the consent of both parties. If, at the close of the mediation, either party is unsatisfied with the resolution proposed by the mediator, either party may file an action in an appropriate state or federal court sitting in Minnesota, to whose jurisdiction you expressly agree for purposes of this Agreement and your use of the Website.
(1) Campus Media's Right to Injunctive Relief. The foregoing provisions of this Section 12 will not apply to any legal action taken by Campus Media to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Website, any Content, your User-Generated Content and/or Campus Media's Intellectual Property Rights, Campus Media's operations, and/or Campus Media's products or services. You hereby acknowledge and agree that Campus Media shall have, in addition to other rights and remedies, including all forms of damages, the right to seek a temporary or permanent injunction against you and any activities performed by you in connection with or that result in any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Website, any Content, your User-Generated Content and/or Campus Media's Intellectual Property Rights, Campus Media's operations, and/or Campus Media's products or services.
(2) Your Waiver of Injunctive or Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT ORDER OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THIS WEBSITE AND ITS CONTENT OR ANY OTHER WEBSITE, CONTENT, MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY CAMPUS MEDIA OR BY A LICENSOR OF CAMPUS MEDIA.
B. Updates to this Agreement.
Campus Media reserves the right to modify this Agreement, at any time without prior notice ("Updated Terms"). You agree that we may, but we are not obligated to, notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review this Agreement on a regular and frequent basis. The Updated Terms will be effective as of the time that Campus Media posts them on the home page of the Website, in the header of this Agreement, or such later date as may be specified in them.
C. Severability and Interpretation.
If any provision of this Agreement, is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this Agreement (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word "including" is used in this Agreement, the word will be deemed to mean "including, without limitation."
Whenever you communicate with Campus Media electronically, such as via e-mail and text message, you consent to receive communications from Campus Media electronically. Please note that, except as set forth in the provisions of this Agreement regarding the DMCA, we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
E. Law Enforcement and Termination of Accounts or of the Website.
Campus Media reserves the right, without any limitation, to investigate any suspected breaches of its Website security or its information technology or other systems or networks, investigate any suspected breaches of this Agreement, investigate any information obtained by Campus Media in connection with reviewing law enforcement databases or complying with criminal laws, involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, prosecute violators of this Agreement, and discontinue the Website, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any Subscriptions or User accounts or User registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Campus Media under this Agreement. Upon suspension or termination of your access to the Website, or upon notice from Campus Media, all rights granted to you under this Agreement or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Website. The provisions of this Agreement and any Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Campus Media in this User Agreement, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and mandatory mediation for disputes that cannot be resolved by good faith negotiations.
Campus Media may assign its rights and obligations under this User Agreement, in whole or in part, to any party at any time without any notice. This User Agreement and any Additional Terms may not be assigned by you, and you may not delegate your duties or obligations under them, without the prior written consent of an officer of Campus Media.
Except as expressly set forth in this Agreement, no failure or delay by you or Campus Media in exercising any rights or remedies under this Agreement will operate as a waiver of that or any other right or remedy.
H. No Partnership or Joint Venture.
Neither this Agreement, nor any terms and conditions contained herein shall be construed as creating a partnership, joint venture, franchise or agency relationship between you and Campus Media.
I. Complete Agreement.
This Agreement contains your entire understanding with Campus Media with respect to the subject matter and supersedes any and all prior oral or written proposals or understanding.
Your use of this Website constitutes your agreement to the terms and conditions set forth herein and your consent to use the Website in accordance with these terms and conditions.