The effective date of this Agreement is January 2008. Welcome to CollegeClickTV.com ("CollegeClickTV").
By using the CollegeClickTV Services (as defined below) which are owned and operated by Videople LLC, a New York limited liability company ("Videople") and by accessing the CollegeClickTV Site located at http://www.CollegeClickTV.com (the "Site"), you agree to be bound by these terms of service, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Service").
CollegeClickTV's on-line services which are available at the Site will, among other things, help you research hundreds of colleges and universities throughout the United States by allowing you to access live video reviews from students, professors and local merchants; post and share these reviews with others and view third party postings/reviews ("CollegeClickTV Service"). These Terms of Service set out the legally binding terms with respect to your use of and our provision of the CollegeClickTV Site and CollegeClickTV Services. Please read these Terms of Service carefully. Your access to or use of the CollegeClickTV Service constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the CollegeClickTV Service.
Eligibility.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of CollegeClickTV or use the CollegeClickTV Site and CollegeClickTV Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the CollegeClickTV Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the CollegeClickTV Service is void where prohibited by applicable law, and the right to access the CollegeClickTV Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the CollegeClickTV Site and/or CollegeClickTV Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The CollegeClickTV Website is administered in the U.S.A. and intended for U.S.A. users; any use outside of the U.S.A. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the Website.-
Changes to the Agreement or the CollegeClickTV Services.
You agree and understand that these Terms of Service, the CollegeClickTV Site and the CollegeClickTV Services may be modified at any time without prior notice and such modifications will be effective upon CollegeClickTV's posting of the new terms and/or upon implementation of the new changes on the CollegeClickTV Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the CollegeClickTV Service after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by CollegeClickTV any new features, new services, enhancements or modifications to the CollegeClickTV Service implemented after your initial access to the Service shall be subject to these Terms of Service. Registration and Security.
In order to use or access some of the CollegeClickTV Services, you may be required to register with CollegeClickTV and to select a password and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide CollegeClickTV with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. CollegeClickTV reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the CollegeClickTV Service shall be for your personal use only. You agree to (a) immediately notify CollegeClickTV of any unauthorized use of your User ID or password and (b) ensure that you exit from your account at the end of each session.Use of the Site/Services by Members.
Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the CollegeClickTV Site to solicit reviews of colleges and universities throughout the United States, and share reviews with others; search the CollegeClickTV database for reviews; forward reviews to people you know, whether or not they are existing CollegeClickTV users; invite people you know to join CollegeClickTV, and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the CollegeClickTV Service ("Content") and other items displayed on the CollegeClickTV Site, for your own use. You may not copy or distribute any portion of the CollegeClickTV Site and/or CollegeClickTV Service for any purpose not authorized above without the express written permission of CollegeClickTV. CollegeClickTV does not control the Content posted by third parties via the CollegeClickTV Service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the CollegeClickTV Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CollegeClickTV be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the CollegeClickTV Service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.Restrictions on Rights to Use.
You agree that you shall not (and you agree not to allow any third party to):- modify, adapt, translate, or reverse engineer any portion of the CollegeClickTV Site and/or CollegeClickTV Service;
- remove any copyright, trademark or other proprietary rights notices contained in or on the CollegeClickTV Site and/or CollegeClickTV Service or in or on any Content or other material obtained via the CollegeClickTV Site and/or CollegeClickTV Service;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the CollegeClickTV Site and/or CollegeClickTV Service;
- access, retrieve or index any portion of the CollegeClickTV Site and/or CollegeClickTV Service for purposes of constructing or populating a searchable database of reviews;
- collect any information about other users or members (including usernames and/or email addresses);
- reformat or frame any portion of the web pages that are part of the CollegeClickTV Site and/or CollegeClickTV Service;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the CollegeClickTV Site and/or CollegeClickTV Service or otherwise interfere with other user's or member's enjoyment of the CollegeClickTV Site and/or CollegeClickTV Service;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use of the CollegeClickTV Site or CollegeClickTV Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any Content offered on the CollegeClickTV Site for other than your own use;
- use any device, software or routine that interferes with the proper working of the CollegeClickTV Site and/or CollegeClickTV Service, or otherwise attempt to interfere with the proper working of the CollegeClickTV Site and/or CollegeClickTV Service;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- use any Content marked as obtained from or belonging to CollegeClickTV except in compliance with the additional terms specified below;
- use the CollegeClickTV Site and/ or CollegeClickTV Service, intentionally or unintentionally, to violate any applicable local, state, national or international law, or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Content Posted By You on the CollegeClickTV Site.
- You are solely responsible for any Content and other material that you submit, publish or display on the CollegeClickTV Site or transmit to other members and/or other website users (hereinafter, "Posted Content").
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Content that falsely express or imply that such Content or material is sponsored or endorsed by CollegeClickTV.
- You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
- You understand and agree that CollegeClickTV may review and delete any business listings (including business name, address, phone, fax, distance, reviews, rating) or other Posted Content that in the sole judgment of CollegeClickTV violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the CollegeClickTV Site and/or other Website users. You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
- The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the CollegeClickTV Site. CollegeClickTV reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the CollegeClickTV Service and terminating the membership of such violators or blocking your use of the CollegeClickTV Service and/or CollegeClickTV Site. You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users of the CollegeClickTV Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or "spamming";
- violates the intellectual property or other rights of any person;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature, and seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Venue Only.
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the CollegeClickTV Service, such activity is solely between you and the applicable third party. CollegeClickTV shall have no liability, obligation or responsibility for any such activity. You hereby release CollegeClickTV from all claims arising from such activity.Privacy.
Use of the CollegeClickTV Site and/or the CollegeClickTV Service is also governed by our Privacy Policy, a copy of which is currently located at http://www.CollegeClickTV.com/static?p=privacyTerm.
These Terms of Service will remain in full force and effect while you use the CollegeClickTV Site and/or CollegeClickTV Services.Ownership.
Reviews that are posted on CollegeClickTV, whether in written, photographic or other form, shall be owned exclusively and in perpetuity by CollegeClickTV and CollegeClickTV has the unrestricted, perpetual and exclusive right to use, reproduce, modify, translate, transmit and distribute any and all material and communications regarding and including said reviews.Disclaimer.
THE LIVEVIDEOU SITE IS PROVIDED ON AN "AS IS" BASIS. LIVEVIDEOU AND/OR VIDEOPLE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE LIVEVIDEOU SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE LIVEVIDEOU SITE OR IN ASSOCIATION WITH THE ADVERTISED SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LIVEVIDEOU AND/OR VIDEOPLE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIVEVIDEOU FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE LIVEVIDEOU SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIVEVIDEOU AND/OR VIDEOPLE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SITE. LIVEVIDEOU AND/OR VIDEOPLE DO NOT WARRANT OR COVENANT THAT THE LIVEVIDEOU SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LIVEVIDEOU SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LIVEVIDEOU SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE LIVEVIDEOU SITE OR THROUGH OR FROM THE LIVEVIDEOU SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.Limitation on Liability.
CollegeClickTV and/or Videople shall not be liable for any failure to perform their obligations hereunder where such failure results from any cause beyond CollegeClickTV's and/or Videople’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, LIVEVIDEOU AND/OR VIDEOPLE AND THEIR AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.Indemnity.
You agree to indemnify and hold CollegeClickTV, its parent, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the CollegeClickTV Site, (ii) your use of the CollegeClickTV Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.Miscellaneous.
If there is any dispute about or involving the CollegeClickTV Site and/or the CollegeClickTV Service, by using the CollegeClickTV Site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City and County of New York. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind CollegeClickTV and/or Videople in any respect whatsoever. CollegeClickTV may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the CollegeClickTV Service. These Terms of Service, accepted upon use of the CollegeClickTV Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and CollegeClickTV regarding the use of the CollegeClickTV Site and/or the CollegeClickTV Service. The failure of CollegeClickTV to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sub licensable by you except with CollegeClickTV's prior written consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service include CollegeClickTV's acceptable use policy for Content posted on the CollegeClickTV Site, it's Privacy Policy, and any notices regarding the CollegeClickTV Site.Contact and Violations.
Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to legal@CollegeClickTV.com.Mark.
CollegeClickTV is a proprietary service mark of Videople LLC.
