This Agreement sets out the legally binding terms for your use of the Website
and your Membership in the Service. You agree to be bound to any changes to
this Agreement when you use the Service after any such modification is posted.
This Agreement includes CollegeHotList.com's policy for acceptable use and
content posted on the Website, your rights, obligations and restrictions
regarding your use of the Website and the Service and CollegeHotList.com's
Privacy Policy.
CollegeHotList.com reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including email) by you, or to restrict,
suspend, or terminate your access to all or any part of the Website and/or
Services at any time, for any or no reason, with or without prior notice, and
without liability.
By participating in any offline CollegeHotList.com event, you agree to release
and hold CollegeHotList.com harmless from any and all losses, damages, rights,
claims, and actions of any kind including, without limitation, personal
injuries, death, and property damage, either directly or indirectly related to
or arising from your participation in any such offline CollegeHotList.com
event.
1. By using the Website and the Service,
you represent and warrant that all registration information you submit is
truthful and accurate and that you agree to maintain the accuracy of such
information. You further represent and warrant that you are 18 years of age or
older and that your use of the CollegeHotList.com shall not violate any
applicable law or regulation. Your profile may be deleted without warning, if
it is found that you are misrepresenting your age. Your Membership is solely
for your personal use, and you shall not authorize others to use your account,
including your profile or email address. You are solely responsible for all
Content published or displayed through your account, including any email
messages, and for your interactions with other members.
2. This Agreement shall remain in full
force and effect while you use the Website, the Service, and/or are a Member.
You may terminate your membership at any time, for any reason by following the
instructions on the member Account page. CollegeHotList.com may terminate your
membership for any reason, effective upon sending notice to you at the email
address you provide in your Membership application or such other email address
as you may subsequently provide to CollegeHotList.com. By using the Service and
by becoming a Member, you acknowledge that CollegeHotList.com reserves the
right to charge for the Service and has the right to terminate a Member's
Membership should Member breach this Agreement or fail to pay for the Service,
as required by this Agreement.
3. Non Commercial Use by Members. The
Website is for the personal use of Members only and may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by the management of CollegeHotList.com. Illegal
and/or unauthorized use of the Website, including collecting usernames and/or
email addresses of Members by electronic or other means for the purpose of
sending unsolicited email or unauthorized framing of or linking to the Website
will be investigated. Commercial advertisements, affiliate links, and other
forms of solicitation may be removed from member profiles without notice and
may result in termination of membership privileges. Appropriate legal action
will be taken by CollegeHotList.com for any illegal or unauthorized use of the
Website.
4. Proprietary Rights in Content on
CollegeHotList.com. CollegeHotList.com owns and retains all proprietary rights
in the Website and the Service. The Website contains copyrighted material,
trademarks, and other proprietary information of CollegeHotList.com and its
licensors. Except for that information which is in the public domain or for
which you have been given written permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such proprietary
information.
5. Content Posted on the Site. a. You
understand and agree that CollegeHotList.com may review and delete any content,
messages, CollegeHotList.com Messenger messages, photos or profiles
(collectively, "Content") that in the sole judgment of CollegeHotList.com
violate this Agreement or which may be offensive, illegal or violate the
rights, harm, or threaten the safety of any Member. b. You are solely
responsible for the Content that you publish or display (hereinafter,
"post") on the Service or any material or information that you
transmit to other Members. c. By posting any Content to the public areas of the
Website, you hereby grant to CollegeHotList.com the non-exclusive, fully paid,
worldwide license to use, publicly perform and display such Content on the
Website. This license will terminate at the time you remove such Content from
the Website. You represent and warrant that: (i) you own the Content posted by
you on the Website or otherwise have the right to grant the license set forth
in this section, and (ii) your Content does not violate the privacy rights,
publicity rights, copyright rights, or other intellectual property rights of
any person. You agree to pay for all royalties and fees owing any person by
reason of any Content you post on the Website. d. The following is a partial
list of the kind of Content that is illegal or prohibited on the Website.
CollegeHotList.com 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
Service and terminating the membership of such violators. Prohibited Content
includes Content that: i. is patently offensive and promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual; ii.
harasses or advocates harassment of another person; iii. involves the
transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming"; iv. promotes information that
you know is false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous; v. promotes 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; vi. contains restricted or password only
access pages or hidden pages or images (those not linked to or from another
accessible page); vii. provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information from anyone
under 18; viii. provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses; ix. solicits passwords or personal
identifying information for commercial or unlawful purposes from other users;
or x. involves commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(xi) for band profiles, uses sexually suggestive imagery or any other unfair,
misleading or deceptive content intended to draw traffic to the profile. e. You
must use the Service in a manner consistent with any and all applicable laws
and regulations. f. You may not include in your Member profile any telephone
numbers, street addresses, last names, URLs or email addresses. g. You may not engage
in advertising to, or solicitation of, any Member to buy or sell any products
or services through the Service. You may not transmit any chain letters or junk
email to other Members. Although CollegeHotList.com cannot monitor the conduct
of its Members off the Website, it is also a violation of these rules to use
any information obtained from the Service in order to harass, abuse, or harm
another person, or in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, CollegeHotList.com reserves the right to
restrict the number of emails which a Member may send to other Members in any
24-hour period to a number which CollegeHotList.com deems appropriate in its
sole discretion. h. You may not cover or obscure the banner advertisements on
your personal profile page, or any CollegeHotList page via HTML/CSS or any
other means. i. Any automated use of the system, such as using scripts to add
friends, is prohibited. j. You may not attempt to impersonate another user or
person who is not a member of CollegeHotList.com. k. For band profiles, you may
not copy the code for your CollegeHotList Player and embed it into other
profiles or ask other Members to embed it into their profiles. l. You may not
use the account, username, or password of another Member at any time nor may
you disclose your password to any third party or permit any third party to
access your account. m. You may not sell or otherwise transfer your profile.
6. Copyright Policy. 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. It is the policy of CollegeHotList.com to
terminate membership privileges of any member who repeatedly infringes
copyright upon prompt notification to CollegeHotList.com by the
copyright owner or the copyright owner's legal agent.
7. Member Disputes. You are solely
responsible for your interactions with other CollegeHotList.com Members.
CollegeHotList.com, Inc. reserves the right, but has no obligation, to monitor
disputes between you and other Members.
8. Privacy. Use of the Website and/or
the Service is also governed by our Privacy
Policy.
9. Disclaimers. CollegeHotList.com is
not responsible for any incorrect or inaccurate Content posted on the Website
or in connection with the Service provided, whether caused by users of the
Website, Members or by any of the equipment or programming associated with or
utilized in the Service. CollegeHotList.com is not responsible for the conduct,
whether online or offline, of any user of the Website or Member of the Service.
By visiting our website and/or by
reading our Terms of Use Agreement, you hereby agree not to sue
CollegeHotList.com for any legal wrong doing. CollegeHotList.com 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 or Member communication. CollegeHotList.com 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 at any Website or combination thereof, including
any injury or damage to users and/or Members or to any person's computer
related to or resulting from participation or downloading materials in
connection with the Website and/or in connection with the Service. Under no
circumstances shall CollegeHotList.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the Website or the
Service or from any Content posted on the Website or transmitted to Members, or
any interactions between users of the Website, whether online or offline. The
Website and the Service are provided "AS-IS" and CollegeHotList.com
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. CollegeHotList.com cannot guarantee and does not promise any
specific results from use of the Website and/or the Service.
10. Limitation on Liability. IN NO EVENT
SHALL COLLEGEHOTLIST.COM 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 THE WEB SITE OR THE SERVICE, EVEN
IF COLLEGEHOTLIST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COLLEGEHOTLIST.COM.S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO
COLLEGEHOTLIST.COM FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
11. Disputes. If there is any dispute
about or involving the Website and/or the Service, by using the Website, you
agree that any dispute shall be governed by the laws of the State of Delaware.
Please contact legal@collegehotlist.com
for any further questions.
12. Indemnity. You agree to indemnify and
hold CollegeHotList.com, its subsidiaries, affiliates, officers, agents, and
other partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
13. Other. This Agreement is accepted
upon your use of the Website and is further affirmed by you becoming a Member
of the Service. This Agreement constitutes the entire agreement between you and
CollegeHotList.com regarding the use of the Website and/or the Service. The
failure of CollegeHotList.com 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. Please contact us with any questions regarding this
Agreement. CollegeHotList.com is a trademark of CollegeHotList, LLC. I HAVE
READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.