Terms and Conditions of Use
1. Acceptance of Terms
a. This Agreement, which incorporates by reference other provisions applicable to use of the CollegeCraig site, governing the use of certain specific material contained in the CollegeCraig website (referred to hereafter as “the Website”), sets forth the terms and conditions that apply to use of the Website by User. By using CollegeCraig (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to User and is not transferable to any other person or entity.
b. CollegeCraig shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
CollegeCriag shall have the right at any time to change or modify the terms and conditions applicable to User’s use of the Website, or any part thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic mail, or by any other means by which User obtains notice thereof. Any use of the Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. Description of Services
CollegeCraig provides User with access to a variety of resources, including a collection of online classified ads, communication forums, and email forwarding, (referred to hereafter as “the Service”). The Services are subject to changes, including updates, enhancements, new features, and/or the addition of any new Web properties, at any time. The Services, including any changes, are subject to the TOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Website and all charges related thereto.
5. User Conduct
a. User shall use the Website for lawful purposes only. User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a User that in CollegeCraig’s discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. User shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with CollegeCraig.
b. User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
c. By using the Service, User acknowledges that such information and materials provided by the website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent provided by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
d. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through CollegeCraig. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
e. By using the service, User acknowledges and accepts that User may be exposed to content that is offensive, obscene, idecent, or otherwise objectionable. User should report any content of this nature to email@example.com.
f. The foregoing provisions of Section 5 are for the benefit of CollegeCraig, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf
6. Content and Use of Services
a. The Services may contain email services, forums, communities, and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
i. Use the Communication Services in connection with pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
ii. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
iii. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information
iv. Upload, or otherwise make available, images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
v. Upload, post, or otherwise communicate content which is illegal; content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; content which is false
vi. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other property of another.
vii. Promote nor provide links to auto-posting products or services, auto-creation products or services, or bulk telephone numbers
viii. Use a Posting Agent, or any third-party agent, service, or intermediary that offers to post content to the Communication Services on behalf of others, to post content without express permission or license from CollegeCraig
ix. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
x. Harvest or otherwise collect information about others, including email addresses
xi. Create a false identity for the purpose of misleading others
xii. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
CollegeCraig has no obligation to monitor the Communication Services. However, CollegeCraig reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. CollegeCraig reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. CollegeCraig reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CollegeCraig’s sole discretion.
CollegeCraig does not control nor assume liability for and makes no representations or warranties with respect to the accuracy, timeliness, performance, completeness or suitability of any user content.
Always use caution when giving out any personally identifiable information in any Communication Services. CollegeCraig does not control or endorse the content, messages or information found in any Communication Services and, therefore, CollegeCraig specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services.
7. Privacy and Information Disclosure
8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a. USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. NEITHER COLLEGECRAIG, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFOMRATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
b. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
c. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COLLEGECRAIG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
d. IN NO EVENT WILL COLLEGECRAIG, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT ANY ACCESS TO, USE OF, OR RELIANCE ON COLLEGECRAIG OR ANY CONTENT ACCESSED THROUGH THE WEBSITE OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO COLLEGECRAIG OR CONTENT ACCESSED THROUGH THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
e. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER GOODS OR SERVICES POTENTIAL OR EXCHANGED, OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR AY LINKS ON THE WEBSITE AS WELL AS BY REASON OF ANY ADVICE RECEIVED THROUGH OR ADVERTISED IN THE WEBSITE OR THE SERVICES OR ANY LINK ON THE WEBSITE.
f. IN MANY INSTANCES, THE CONTENT AVAILABLE THROUGH THE WEBSITE REPRESENTS THE OPINIONS AND JUDGMENTS OF THE RESPECTIVE INFORMATION PROVIDER, USER, OR OTHER USER NOT UNDER CONTRACT WITH COLLEGECRAIG. COLLEGECRAIG NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON THE WEBSITE BY ANYONE OTHER THAN AUTHORIZED COLLEGECRAIG EMPLOYEE SPOKESPERSON WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL COLLEGECRAIG BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH COLLEGECRAIG. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH COLLEGECRAIG. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
g. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, COLLEGECRAIG, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF AY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Links to Third Party Sites
THE WEBSITE AND CONTENT AVAILABLE THROUGH THE COMMUNICATION SERVICES MAY CONTAIN FEATURES AND FUNCTIONALITIES THAT MAY HAVE LINKS TO THIRD PARTY CONTENT. THE LINKED SITES ARE NOT IN CONTROL OF NOR HAVE ANY AFFILIATION WITH COLLEGECRAIG AND COLLEGECRAIG IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THE INCLUSION OF ANY LINK BY COLLEGECRAIG IS ONLY FOR USER CONVENIENCE AND DOES NOT IMPLY ENDORSEMENT BY COLLEGECRAIG OF THE SITE.
CollegeCraig shall have the right, but not the obligation, to monitor the content of the Website, including classified ads and communication forums, to determine compliance with this Agreement and any operating rules established by CollegeCraig and to satisfy any law, regulation or authorized government request. CollegeCraig shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, CollegeCraig shall have the right to remove any material that CollegeCraig, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
11. Limitations on Service
CollegeCraig reserves the right to establish limitations on use of the Service, including maximum number of days that Content will be retained by the Service and maximum number of postings, email messages, and other Content that may be transmitted or stored by the Service. User agrees that CollegeCraig does not assume responsibility or liability for failure to store Content maintained by or shared through the Service.
User agrees to defend, indemnify and hold harmless CollegeCraig, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of CollegeCraig by User.
13. Termination of Service
CollegeCraig has the right to terminate any User access to or use of the Communication Services (or any part thereof) at any time, and without notice. Without limiting the foregoing, in the event of User conduct, which CollegeCraig, in its sole discretion, considers unacceptable, or in the event of any breach by User of this Agreement, CollegeCraig shall have the right to immediately and without notice, remove and discard any User Content within the Website.
14. General Information
This Agreement and any operating rules for the Website established by CollegeCraig constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Maryland without regard to its conflict of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section heading used herein are for convenience only and shall not be given any legal import.
15. Proprietary Rights
CollegeCraig is the sole and exclusive owner of all right, title and interest in and to the Services, including, without limitation, all Proprietary Rights relating thereto. The Website, including but not limited to text, content, photographs, video, audio and graphics (“Materials”) contained thereon, and the Communication Services are protected by copyright, trademark, service mark, patent, and other proprietary rights and laws of the United States and other countries. You acknowledge and agree to comply with all applicable intellectual property laws and other laws, as well as any additional notices or restrictions contained on the Website. Any unauthorized use of the Website and the Materials contained in the Website may violate applicable copyright, trademark, patent or other intellectual property laws or other laws.
CollegeCraig and its logos are trademarks of CollegeCraig, LLC All rights reserved. All other trademarks appearing on the Website are property of their respective owners. The Communication Services are protected to the maximum extent permitted by copyright laws as a collective work and/or compilation, pursuant to copyright laws, and international conventions.
Any rights not expressly granted herein are reserved.
16. Notification and Procedure for Making Claims of Infringement
All claims of copyright infringement or violation of intellectual property rights must be sent in writing to CollegeCraig’s Designated Agent at:
9005 Fernwood Rd.
Bethesda, MD 20817
Or email firstname.lastname@example.org
To be effective, the Notification must include the following:
I. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
II. Identification of the material on the Website that you claim has been infringed with detail of where that same material is located on the site
III. Information that is sufficient to permit CollegeCraig to contact the Complaining Party, including address, telephone number, and an email address
IV. Statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
V. Statement by you, made under the penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
It is CollegeCraig’s policy to remove infringing material in appropriate circumstances.