Terms of use: (www.collegepirates.com)

Last Updated : 25-Nov-2017

The website located at www.collegepirates.com is a copyrighted work belonging to College Pirates. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms listed below.

1. INTRODUCTION

These Terms of Use, as may be amended from time to time, together with any documents, policies, or terms they expressly incorporate by reference (collectively, these “Terms of Use”) are entered into by and between you and College Pirates (“College Pirates”, “we”,”company”, or “us”). For purposes hereof, “you” includes, individually and collectively, you and any individual, entity, Subscriber, Customer, or Affiliate of yours that is visiting, viewing, using, or accessing the Site. To the extent that you have entered into a written and fully executed enterprise license agreement, master services agreement, or other written agreement with College Pirates containing terms that directly conflict with any terms of these Terms of Use, then the conflicted terms set forth in such other agreement will control.

You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Site, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing a Sales Order or other agreement incorporating these Terms of Use, that you have read, understand, and agree to be bound by these Terms of Use, irrespective of whether you are a guest or a registered user of the Site. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE. COLLEGE PIRATES’ ALLOWANCE OF YOUR USE AND ACCESS TO THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.

2. ADDITIONAL TERMS

Any personal information submitted in connection with your use of the Site is subject to our privacy policy found at www.collegepirates.com/privacy (the “Privacy Policy”), which is hereby incorporated by this reference. We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the Site in accordance with our Privacy Policy solely in furtherance of providing you, or improving your experience with, the applications, mobile applications, functionalities, content, materials, or other services that may be available on or through the Site from time to time.

3. SITE ACCESS AND ACCOUNT REGISTRATION

To access the Site you may be asked to provide certain registration details and other information. This information will help us in offering you content, customer service, and network management, and as such, it is a condition of your use of the Site that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Site or otherwise, including through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy

You represent and warrant that:

  • You are (i) 18 years of age or older or an emancipated minor, and (ii) are fully able and competent to form a binding contract with College PIrates by enter into these Terms of Use.
  • You are over the age of 13 as all portions of the Site are not intended for children under 13. If you are under 13 years of age, you may not register for an account or otherwise use the Site, but only with the involvement, supervision, and approval of a parent or legal guardian.
  • You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Site, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access
  • You will exit from your account at the end of each session or use of the Site.
  • With regard to your username, password, any other piece of information you provide to us as part of our security procedures (collectively, “Account Information”), you agree to treat such Account Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account Information is personal to you, and you agree not to provide any other person with access to the Site or portions of it using your Account Information. You agree to notify us immediately ( support@collegepirates.com ) of any unauthorized access to or use of your Account Information or any other breach of security that you become aware of. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Account Information or other personal information.

    Except as provided herein, you may not transfer your Account Information to any other person and you may not use anyone else’s Account Information or account at any time. In cases where you have nevertheless authorized or registered another person, or have acting negligently in safeguarding your Account Information as set forth above, to use your account, you agree you are fully responsible for (i) the acts and omissions of such person accessing the Site with your Account Information, (ii) controlling the person’s access to and use of the Site, and (iii) the consequences of any use or misuse by such person.

    4. COOKIES AND WEB BEACONS

    Like any other website, our website uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the user’s experience by customizing our web page content based on visitors’ browser type and/or other information.

    5. ACCOUNTS

  • Account Creation. ​For you to use the Site, you have to start an account and provide information about yourself. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Site. Company may suspend or terminate your Account if it finds out that the information provided by you is false, or if your behavior poses a threat to the website’s security and other user’s experience.
    • Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

    6. ACCESS TO THE SITE

    • Subject to these Terms, College Pirates grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use
    • Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions.
    • (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site
    • (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site.
    • (c) you shall not access the Site in order to build a similar or competitive website.
    • (d) Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
    • Company reserves the right to change, suspend, or cease the Site with or without notice to you. You approve that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
    • No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.
    • Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

    7. USER CONTENT

    • “User Content​” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you, if found non-compliant with our policies. You are solely responsible for making your own backup copies of your User Content if you desire
    • You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

    8. INDEMNIFICATION

    You agree to defend, indemnify and hold harmless College PIrates, its directors, employees, licensors, independent contractors, providers, subsidiaries, and Affiliates, and its and their respective officers, (“College Pirates Indemnitee​”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims​”) arising out of or relating to: (i) your violation of these Terms of Use, the Mobile Terms, or the Mentoring Terms; (ii) your User Content or Feedback posted to the Site; (iii) any use by you of the Site’s material, content, services, or products other than as expressly authorized in these Terms of Use; or (iv) your use of any information obtained from the Site

    • Indemnification Procedure. You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.

    9. ACCEPTABLE USE POLICY

    The following terms constitute our “Acceptable Use Policy”

    • You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
    • In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
    • We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
    • If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
    • You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorney’s fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

    10. THIRD-PARTY LINKS & ADS

    The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

    11. OTHER USERS

    Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

  • You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
  • 12. USER CONTENT AND FEEDBACK

    (a) Interactive Services. The Site from time to time may provide you with the ability to upload, post, submit, publish, or transmit to other users or persons (hereinafter, “post”) via online forums, chat capabilities, user discussion groups, blogs, online profiles, or other online forums (“Interactive Services​”).

    (b) User Content. The Interactive Services are intended to provide you and other users with valuable resources on selected topics. Some, if not most, of the content found on such Interactive Services is provided by third party users, and not us (such content, “User Content​”). The third party user (including you, if applicable) is solely responsible for the User Content and for complying with applicable laws relating thereto.

    • (i) All User Content you submit to the Interactive Services (including for inclusion on the Site) or that is otherwise made available to College Pirates will be considered non-confidential and non-proprietary, and by so doing, you hereby grant us and our Affiliates and service providers, and each other and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
    • (ii) To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit us to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and College PIrates, you are responsible for the payment of third party fees, if any, related to the provision and use of such User Content, (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, and (e) you agree to comply with all applicable rules regarding online conduct and acceptable content we may post on the Site or Interactive Services from time to time.

    (c) Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site (“Feedback”). You acknowledge and agree that any and all Feedback provided will be the sole and exclusive property of College Pirates, and you hereby irrevocably assign to College Pirates and agree to irrevocably assign to College Pirates all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist College Pirates to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

    (d) Monitoring and Enforcement​. We have the right to:

    • Remove or refuse to post any User Content or Feedback for any or no reason in our sole discretion
    • Take any action with respect to any User Content or Feedback that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content or Feedback violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company
    • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy
    • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
    • Terminate or suspend your access to all or part of the Site for any violation of these Terms of Use.

    Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

    Notwithstanding anything to the contrary, we have no obligation to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted.

    Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

    13. MOBILE AND OTHER DEVICES (Mobile Terms)

    If you use a mobile device or College Pirates-provided mobile application to access the Site, the following additional terms and conditions (“Mobile Terms​”) also apply:

    (a) You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.

    (b) You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.

    (c) YOUR ACCESS TO OR USE OF THE SITE VIA YOUR MOBILE DEVICE OR COLLEGE PIRATES-PROVIDED MOBILE APPLICATION CONFIRMS YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING BUT NOT LIMITING THE MOBILE TERMS.

    14. DISCLAIMERS

    The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

    Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do