MyCollegePost.com provides a group of online resources, including classified advertisements, postings, and various other services (also referred to hereinafter collectively as "THE POST") subject to the following Terms of Use (the “TOU”), which MyCollegePost.com may update from time to time in its sole discretion. MyCollegePost.com will provide notice of significant changes to the TOU by posting notice on the MyCollegePost.com announcement board. By continuing use of THE POST after any changes are posted, the user acknowledges acceptance of those changes. You can review the most current version of the TOU at: http://www.mycollegepost.com/tou.php.
By using THE POST in any way, you are agreeing to comply with these TOU. In the event that you object to the TOU, or any aspect therein, and/or any guidelines, or any subsequent modifications thereto, or, in the event that you become dissatisfied with MyCollegePost.com for any reason whatsoever, then your only recourse is to cease and desist from utilizing MyCollegePost.com immediately.
2. Content
By using THE POST, you acknowledge that you recognize that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from, THE POST, are the sole responsibility of the person(s) from whom such Content originated. In addition, you expressly acknowledge and agree that you are entirely responsible for all Content that you post, email or otherwise make available via THE POST. You further acknowledge and understand that (i) MyCollegePost.com does not control, and is not responsible for Content on, or made available through, THE POST, and (ii) by using THE POST, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that (i) you must evaluate, and bear all risks associated with the use of, any Content, (ii) you may not rely on said Content, and (iii) under no circumstances will MyCollegePost.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via THE POST. You acknowledge that MyCollegePost.com does not pre-screen or approve Content, but that MyCollegePost.com shall have the right (but not the obligation), in its sole discretion, to refuse, delete, edit, or move any Content that is available via THE POST, for violating the strict regulations or spirit of the TOU, or for any other reason deemed absolutly necessary.
Furthermore, the MyCollegePost.com site and Content available through THE POST may contain links to other websites, which are completely independent of MyCollegePost.com. MyCollegePost.com therefore makes no representation or warranty as to the accuracy, comprehensiveness or validity of the information contained in any such site. If you elect to link to any other website, your linking to such other website is at your own risk.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that allegedly constitutes copyright infringement, or that your intellectual property rights have been otherwise allegedly violated, please notify MyCollegePost.com with your notice of claims of copyright or other intellectual property infringement, at abuse@mycollegepost.com.
Please provide the following:
(A) A statement identifying the copyrighted work or other intellectual property that you claim has been infringed, as well as the material on the MyCollegePost.com site that you claim is infringing, with sufficient detail so that MyCollegePost.com may locate it on the website.
(B) A 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.
(C) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.
(D) Your address, telephone number, and email address.
MyCollegePost.com will remove and/or edit each infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
4. Privacy and Information Disclosure
MyCollegePost.com has created a Privacy Policy to communicate to users the manner in which their information is collected and used, located at http://www.mycollegepost.com/privacy.php. By using the MyCollegePost.com website, you hereby indicate your acknowledgement of, and agreement to, our Privacy Policy. You further acknowledge and agree that MyCollegePost.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these TOU; respond to claims that any Content violates the rights of any third-parties; or protect the rights, property, or personal safety of MyCollegePost.com, its users, or the general public.
5. Conduct
By using the MyCollegePost.com website, you hereby agree that you shall not post, email, or otherwise make available Content as described below. In all instances, MyCollegePost.com shall determine, in its sole discretion, whether Content is acceptable for the website.
(A) Content shall not be illegal, detrimental, injurious, offensive, obscene, threatening, abusive, harassing, defamatory, pornographic, slanderous, libelous, invasive of another's privacy, or harmful to minors in any way whatsoever, including, without limitation, hate propaganda that constitutes a threat or violence. MyCollegePost.com does not support censorship. However, MyCollegePost.com will not tolerate, endorse, or justify promoting bigotry, sexism, personal attacks, or any other malicious intent.
(B) Content shall not be adult-oriented material. Pornography and sex-related merchandising are prohibited on MyCollegePost.com servers. This prohibition includes restrictions against linking to sites that may infer sexual content or provide links to adult content elsewhere, which, in turn, includes a prohibition against including images, sexual merchandise, or links to images or movies.
(C) Content shall not sell or distribute weapons of any kind, including, without limitation, knifes, and guns.
(D) Content shall not sell or distribute alcoholic beverages, and/or violate United States export/import laws. Note, it is acceptable to provide information, promote, and display pictures of alcoholic beverages, provided, however, that the Content shall not provide for the sale and/or distribution of such beverages.
(E) Content shall not harass, degrade, intimidate or be hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
(F) Content shall not impersonate any person or entity, including, but not limited to, a MyCollegePost.com employee, or falsely state or otherwise misrepresent your affiliation with any person, company, or entity.
(G) Content shall not be false, deceptive, misleading, deceitful, or constitute a "bait and switch."
(H) Content shall not infringe upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or include any material/information whatsoever that you do not have a right to make available under any law or under contractual or fiduciary relationships. Content shall not provide and/or link to serial numbers, cracking information, "phreaking" information; or any other illegal information that infringes on proprietary or copyrighted material, including, without limitation, “Warez,” “Warez” information, pirated software, hacker programs, MP3s, copyrighted movies and sound files, all of which are prohibited. Transmission, storage, or distribution of any such information, data, or material is also prohibited and therefore in violation of these TOU.
(I) Content shall not constitute or contain "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisements.
(J) Content shall not constitute or contain any form of advertising or solicitation if (1) posted in areas of the MyCollegePost.com site which are not designated for such purposes; or (2) emailed to MyCollegePost.com users who have not requested such services, products, or commercial interests.
(K) You shall not post essentially the same content/message in two or more categories or separate college areas.
(L) Content shall not advertise any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by California law, and the law of the state in which you reside.
(M) Content shall not consist of software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. This includes the MyCollegePost.com service.
(N) Content shall not interrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to THE POST, or that otherwise detrimentally affect other users' ability to use THE POST.
(O) Content shall not utilize misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through THE POST.
(P) Contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone.
(Q) Collect personal data about other users for commercial or unlawful purposes.
(R) Use automated means, including, without limitation, spiders, robots, crawlers, data mining tools, or other similar means, to download data from THE POST- with the exception of internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org.)
(S) Purposefully post Content in an irrelevant category or college, repeatedly post the same or similar Content or otherwise place an unreasonable or disproportionately large load on MyCollegePost.com's infrastructure; and/or attempt to gain unauthorized access to MyCollegePost.com computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, THE POST, or the MyCollegePost.com website/server.
6. No Spam Policy
You acknowledge, recognize and agree that you shall not send any unsolicited email to MyCollegePost.com email addresses or through the MyCollegePost.com service, as such activity is strictly prohibited. Any unauthorized use of MyCollegePost.com computer systems is a violation of these TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties. Sending spam through the MyCollegePost.com service is absolutely prohibited. It is up to the discretion of MyCollegePost.com to determine if “Spamming” has occurred. Please contact abuse@mycollegepost.com if you are aware of any type of spam through THE POST.
7. Limitations on service
You recognize and agree that MyCollegePost.com may establish limitations concerning the use of THE POST, including, without limitation, (1) the maximum number of days that THE POST shall retain Content, (2) the maximum number and size of (a) postings, (b) email messages, or (c) other Content that may be transmitted or stored by THE POST, and (3) the frequency with which you may access THE POST. You acknowledge and consent that MyCollegePost.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by THE POST.
You further acknowledge and consent that MyCollegePost.com reserves the right at any time to modify or discontinue THE POST (or any part thereof) with or without notice, and that MyCollegePost.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of THE POST.
8. Termination of service
You agree that MyCollegePost.com, in its sole discretion, has the right (but not the obligation) to delete, edit, move, or deactivate your postings, block your email or IP address, or otherwise terminate your access to, or use of, THE POST (or any part thereof), immediately and without notice, and remove, edit, and discard any Content within THE POST, for any reason, including, without limitation, if MyCollegePost.com believes that you have acted in contravention/violation of any of the TOU. Furthermore, you acknowledge and agree that MyCollegePost.com shall not be liable to you or any third-party for any termination of your access to THE POST. In the event that MyCollegePost.com terminates your access, you agree not to make any attempt whatsoever, or make arrangements with any other party for you, to use THE POST after termination.
9. Dealings with organizations and individuals
By using THE POST, you hereby acknowledge and consent that your interactivity with organizations and/or individuals found on, or through, THE POST, including payment and delivery of goods or services, and any other TOU, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You therefore agree that MyCollegePost.com shall not be responsible or liable whatsoever for any loss or damage of any sort, including, without limitation, any financial obligations, incurred as the result of any such dealings.
If a dispute arises between participants on THE POST, or between users and any third party, you acknowledge and agree that MyCollegePost.com has no liability and is under no obligation, legal or otherwise, to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release MyCollegePost.com, its officers, employees, agents, assignees, and successors-in-interest, from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and/or unsuspected, disclosed and/or undisclosed, arising out of or in any way related to such disputes, MyCollegePost.com and/or THE POST. If you are a California resident, you acknowledge that you are aware of California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor," and that being aware of this Code Section, you hereby expressly, knowingly and intentionally waive any rights you may have there under, as well as under any other statute, or common law principles of similar effect.
10. Proprietary rights
MyCollegePost.com/THE POST is legally protected to the maximum extent allowed through the applicable United States copyright laws and international treaties. Content displayed on, or through, THE POST is protected by copyright as a collective work and/or compilation, pursuant to the applicable United States copyrights laws, and international conventions. Any reproduction, modification, or creation of derivative works from, or redistribution of, THE POST, any portion thereof, or the collective work, is prohibited. Copying or reproducing THE POST or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from THE POST, and agree to abide by any and all copyright notices displayed on THE POST. You agree that you shall not, and you shall not, decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in THE POST. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of THE POST.
Although MyCollegePost.com does not claim ownership of content that its users post, by posting Content to any public area of THE POST, you automatically grant, and you represent and warrant that you have the right to grant, to MyCollegePost.com, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE POST IS ENTIRELY AT YOUR OWN RISK. THE POST IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. MYCOLLEGEPOST.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE POST. TO THE FULLEST EXTENT PERMITTED BY LAW, MYCOLLEGEPOST.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE POST OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE POST. TO THE FULLEST EXTENT PERMITTED BY LAW, MYCOLLEGEPOST.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE POST.
* Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MYCOLLEGEPOST.COM , ITS OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES, OR SUCCESSORS-IN-INTEREST, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MYCOLLEGEPOST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE POST, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE POST, FROM INABILITY TO USE THE POST, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MYCOLLEGEPOST.COM SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE POST OR ANY LINKS ON THE MYCOLLEGEPOST.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE POST OR ANY LINKS ON THE POST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
* In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
13. Indemnity
You agree to indemnify and hold MyCollegePost.com, including, without limitation, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through THE POST, your use of THE POST, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of any entity, individual or other third party.
14. General information
The TOU constitute the entire agreement between you and MyCollegePost.com and govern your use of THE POST, superseding any prior agreements between you and MyCollegePost.com. The TOU and the relationship between you and MyCollegePost.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MyCollegePost.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California . The failure of MyCollegePost.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of THE POST or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Violations of TOU and Liquidated Damages
Please report any violations of the TOU, by emailing abuse@mycollegepost.com. The Post's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You agree to pay MyCollegePost.com its reasonable damages, including attorney's and collection agency fees, incurred in enforcing its rights under this Agreement.
You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay MyCollegePost.com liquidated damages.
