Terms of Use
campus42 international llc
Im Speckler 21
CH-4126 Bettingen / Switzerland
TERMS OF USE
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OG USE")
CAREFULLY BEFORE USING THE SERVICES OFFERED BY CAMPUS42
INTERNATIONAL LLC ("CAMPUS42"). THIS AGREEMENT SETS FORTH THE
LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS
WEBSITES OWNED AND OPERATED BY CAMPUS42, INCLUDING, WITHOUT
LIMITATION, THE WWW.CAMPUS42.COM and WWW.C42-APPS.COM WEBSITES AND
DOMAIN NAMES ("SITES"), AND ANY OTHER FEATURES, CONTENT, OR
APPLICATIONS OFFERED FROM TIME TO TIME BY THE CAMPUS42 IN CONNECTION
THEREWITH (COLLECTIVELY "SERVICE"). BY USING THE SITES OR SERVICE IN
ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE
SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT
APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO
ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS
OR SERVICES ON THE SITES.
Acceptance of Terms
The service is offered subject to acceptance without modification of
all of the terms and conditions contained herein (the "terms of
use") and all other operating rules, policies and procedures that
may be published from time to time on the sites by campus42. In
addition, some services offered through the service may be subject
to additional terms and conditions promulgated by campus42 from time
to time; your use of such services is subject to those additional
terms and conditions, which are incorporated into these terms of use
by this reference.
Modification of terms of use
campus42 reserves the right, at its sole discretion, to modify or
replace any of the terms of use, or change, suspend, or discontinue
the service (including without limitation, the availability of any
feature, database, or content) at any time by posting a notice on
the Sites or by sending you an e-mail. campus42 may also impose
limits on certain features and services or restrict your access to
parts or all of the service without notice or liability. It is your
responsibility to check the terms of use periodically for changes.
Your continued use of the service following the posting of any
changes to the terms of use constitutes acceptance of those changes.
Privacy
campus42 may require registration for the use of content. In this
context campus42 may receive and store any information you enter on
the website. The types of personal information may include your
name, e-mail address, mobile phone number, mailing address, credit
card and/or other payment information, IP address, browser
information, username, password and any other information necessary
for campus42 to provide the services.
campus42 neither rents nor sells received personal information to
anyone but may share it as described below:
Affiliated businesses which campus42 does not control: campus42 may
become affiliated with a variety of businesses to provide services,
or sell products jointly.
Agents: campus42 may employ other companies and people to perform
tasks on our behalf and need to share user information with them.
Promotional offers: campus42 may send offers to you on behalf of
other businesses. However, when we do so, we do not give the other
business your name and address. If you do not wish to receive these
offers, please send an e-mail with your request.
Business transfers: in some cases, campus42 may choose to buy or
sell assets. In these types of transactions, customer information is
typically one of the business assets that are transferred. Moreover,
if campus42, or substantially all of its assets were acquired, or in
the unlikely event that campus42 goes out of business or enters
bankruptcy, customer information would be one of the assets that is
transferred or acquired by a third party. You acknowledge that such
transfers may occur, and that any acquirer of campus42 may continue
to use your personal information as set forth in this policy.
Protection of campus42 and others: campus42 may release personal
information when believed in good faith that release is necessary to
comply with the law; enforce or apply campus42’s conditions of use
and other agreements; or protect the rights, property, or safety of
campus42, its employees, users, or others. This includes exchanging
information with other companies and organizations for fraud
protection and credit risk reduction.
The Website contains links to other sites. campus42 is not
responsible for the privacy policies and/or practices on other
sites. When linking to another site you should read the privacy
policy stated on that site.
campus42 endeavors to protect user information to ensure that user
account information is kept private, however, campus42 cannot
guarantee the security of user account information. Unauthorized
entry or use, hardware or software failure, and other factors, may
compromise the security of user information at any time.
For inquiries in regard to the privacy policy, or to report a
privacy related problem, please contact us.
Rules and Conduct
As a condition of use, you promise not to use the service for any
purpose that is prohibited by the terms of use. The service
(including, without limitation, any content, or user submissions
(both as defined below)) is provided only for your own personal,
non-commercial use. You are responsible for all of your activity in
connection with the service. For purposes of the terms of use, the
term "content" includes, without limitation, any advertisements,
advice, suggestions, videos, audio clips, written forum comments,
information, data, text, photographs, software, scripts, graphics,
and interactive features generated, provided, or otherwise made
accessible by campus42 or its partners on or through the service.
By way of example, and not as a limitation, you shall not (and shall
not permit any third party to) either (a) take any action or (b)
upload, download, post, submit or otherwise distribute or facilitate
distribution of any content on or through the service, that:
infringes any patent, trademark, trade secret, copyright, right of
publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk
e-mail ("spamming");
involves commercial activities and/or sales without campus42's prior
written consent such as contests, sweepstakes, barter, advertising,
or pyramid schemes;
contains software viruses or any other computer codes, files, or
programs that are designed or intended to disrupt, damage, limit or
interfere with the proper function of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized
access to any system, data, password or other information of
campus42 or any third party; or
impersonates any person or entity, including any employee or
representative of campus42.
Additionally, you shall not: (i) take any action that imposes or may
impose (as determined by campus42 in its sole discretion) an
unreasonable or disproportionately large load on campus42's (or its
third party providers') infrastructure; (ii) interfere or attempt to
interfere with the proper working of the service or any activities
conducted on the service; (iii) bypass any measures campus42 may use
to prevent or restrict access to the service (or other accounts,
computer systems or networks connected to the service); (iv) run
maillist, listserv, any form of auto-responder or "spam" on the
service; or (v) use manual or automated software, devices, or other
processes to "crawl" or "spider" any page of the sites.
You shall not (directly or indirectly): (i) decipher, decompile,
disassemble, reverse engineer or otherwise attempt to derive any
source code or underlying ideas or algorithms of any part of the
service, except to the limited extent applicable laws specifically
prohibit such restriction, (ii) modify, translate, or otherwise
create derivative works of any part of the service, or (iii) copy,
rent, lease, distribute, or otherwise transfer any or all of the
rights that you receive hereunder. You shall abide by all applicable
local, state, national and international laws and regulations.
campus42 reserves the right to remove any content from the sites or
service at any time, for any reason (including, but not limited to,
upon receipt of claims or allegations from third parties or
authorities relating to such content or if campus42 is concerned
that you may have violated the terms of use), or for no reason at
all.
Registration
As a condition to using certain aspects of the service, you may be
required to register with campus42 and select a password (account
ID). You shall provide campus42 with accurate, complete, and updated
registration information. Failure to do so shall constitute a breach
of the terms of use, which may result in immediate termination of
your campus42 account. You shall not (i) select or use as a account
ID a name of another person with the intent to impersonate that
person; (ii) use as a account ID a name subject to any rights of a
person other than you without appropriate authorization; or (iii)
use as account ID a name that is otherwise offensive, vulgar or
obscene. campus42 reserves the right to refuse registration of, or
cancel an account ID in its sole discretion. You are solely
responsible for activity that occurs on your account and shall be
responsible for maintaining the confidentiality of your password.
You shall never use another user's account without such other user's
express permission. You will immediately notify campus42 in writing
of any unauthorized use of your account, or other account related
security breach of which you are aware.
Fees and Payment
campus42 reserves the right to require payment of fees for certain
features of the service. Should you elect to subscribe to such
features, you shall pay all applicable fees, as described on the
sites in connection with such features. campus42 reserves the right
to change its price list and to institute new charges at any time,
upon ten (10) days prior notice to you, which may be sent by e-mail
or posted on the sites. Use of the service by you following such
notification constitutes your acceptance of any new or increased
charges.
Third Party Sites
The service may permit you to link to other websites or resources on
the Internet, and other websites or resources may contain links to
the sites. When you access third party websites, you do so at your
own risk. These other websites are not under campus42's control, and
you acknowledge that campus42 is not responsible or liable for the
content, functions, accuracy, legality, appropriateness or any other
aspect of such websites or resources. The inclusion of any such link
does not imply endorsement by campus42 or any association with its
operators. You further acknowledge and agree that campus42 shall not
be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use
of or reliance on any such content, goods or services available on
or through any such website or resource.
campus42 and Site Content
You agree that the service contains content specifically provided by
campus42, its partners or users and that such content may be
protected by copyrights, trademarks, service marks, patents, trade
secrets or other proprietary rights and laws. You shall abide by all
copyright notices, information, and restrictions contained in any
content accessed through the service. You shall not sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, create derivative
works from, or otherwise exploit any content or third party
submissions or other proprietary rights not owned by you, (i)
without the written consent of the respective owners or other valid
right, and (ii) in any way that violates any third party right.
You may, to the extent the sites expressly authorize you to do so,
download or copy the content, and other items displayed on the sites
for download, for personal use only, provided that you maintain all
copyright and other notices contained in such content. You shall not
store any significant portion of any content in any form. Copying or
storing of any content for other than personal, non-commercial use
is expressly prohibited without prior written permission from
campus42, or from the copyright holder identified in such content's
copyright notice.
User Submissions
The service may provide you with the ability to upload, submit,
disclose, distribute or otherwise post (hereafter, "posting")
content, videos, audio clips, written forum comments, data, text,
photographs, software, scripts, graphics, works of authorship or
other information to the services ("user submissions"). By posting
User Submissions on or at any of the Sites or otherwise through the
service, you:
By submitting the user submissions to campus42, or displaying,
publishing, or otherwise posting any content on or through the Sites
or the service, you hereby do and shall grant campus42 a worldwide,
non-exclusive, perpetual, irrevocable, royalty-free, fully paid,
sublicensable and transferable license to use, modify, reproduce,
distribute, prepare derivative works of, display, perform, and
otherwise fully exploit the User Submissions in connection with the
sites, the service and campus42's (and its successors and assigns)
business, including without limitation for promoting and
redistributing part or all of the sites (and derivative works
thereof) or the service in any media formats and through any media
channels (including, without limitation, third party websites). You
also hereby do and shall grant each user of the sites and/or the
service a non-exclusive license to access your user submissions
through the sites and the service, and to use, modify, reproduce,
distribute, prepare derivative works of, display and perform such
user submissions as permitted through the functionality of the Sites
and the service and under these terms of use. For clarity, the
foregoing license grant to campus42 does not affect your other
ownership or license rights in your user submission(s), including
the right to grant additional licenses to the material in your user
submission(s), unless otherwise agreed in writing;
represent and warrant that you own or otherwise control all rights
to such user submissions and that disclosure and use of such user
submissions by campus42 (including without limitation, publishing
content on or at the Sites) will not infringe or violate the rights
of any third party; and
understand that campus42 shall have the right to reformat, excerpt,
or translate any materials, content or information submitted by you;
and that all information publicly posted or privately transmitted
through the Sites is the sole responsibility of the person from
which such content originated and that campus42 will not be liable
for any errors or omissions in any content; and that campus42 cannot
guarantee the identity of any other users with whom you may interact
in the course of using the service.
campus42 does not endorse and has no control over any user
submission. campus42 cannot guarantee the authenticity of any data
which users may provide about themselves. You acknowledge that all
content accessed by you using the service is at your own risk and
you will be solely responsible for any damage or loss to any party
resulting there from.
campus42 has no obligation to monitor the site, service, content, or
user submissions. campus42 may remove any user submission at any
time for any reason (including, but not limited to, upon receipt of
claims or allegations from third parties or authorities relating to
such user submission), or for no reason at all.
Under no circumstances will campus42 be liable in any way for any
content, including, but not limited to, any errors or omissions in
any content, or any loss or damage of any kind incurred in
connection with use of or exposure to any content posted, e-mailed,
accessed, transmitted or otherwise made available via the service.
Termination
campus42 may terminate your access to all or any part of the service
at any time, with or without cause, with or without notice,
effective immediately, which may result in the forfeiture and
destruction of all information associated with your membership. If
you wish to terminate your account, you may do so by following the
instructions on the Sites. Any fees paid hereunder are
non-refundable. All provisions of the terms of use which by their
nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
campus42 has no special relationship with or fiduciary duty to you.
You acknowledge that campus42 has no control over, and no duty to
take any action regarding: which users gains access to the website;
what content you access via the website; what effects the content
may have on you; how you may interpret or use the content; or what
actions you may take as a result of having been exposed to the
content. You release campus42 from all liability for you having
acquired or not acquired content through the Sites. The sites may
contain, or direct you to websites containing, information that some
people may find offensive or inappropriate. campus42 makes no
representations concerning any content contained in or accessed
through the sites, and campus42 will not be responsible or liable
for the accuracy, copyright compliance, legality or decency of
material contained in or accessed through the sites.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED
"AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE
OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. CAMPUS42, AND ITS DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A)
THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY
CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE
SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE service IS
SOLELY AT YOUR OWN RISK.
CAMPUS42 MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY
COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE
LINKED TO THE SITES.
campus42 will not be liable for the privacy of e-mail addresses,
registration and identification information, disk space,
communications, confidential or trade-secret information, or any
other content stored on campus42's equipment, transmitted over
networks accessed by the sites, or otherwise connected with your use
of the service.
Indemnification
You shall defend, indemnify, and hold harmless campus42, its
affiliates and each of its, and its affiliates employees,
contractors, directors, suppliers and representatives from all
liabilities, claims, and expenses, including reasonable attorneys'
fees, that arise from or relate to (i) your use or misuse of, or
access to, the sites, service, content or otherwise from your user
submissions, (ii) your violation of the terms of use, or (iii)
infringement by you of any intellectual property or other right of
any person or entity. campus42 reserves the right to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate
with campus42 in asserting any available defenses.
General Content Disclaimer
The content provided by or through the service is for entertainment
purposes only, and should not be relied upon. campus42 makes no
representations or warranties concerning the appropriateness,
accuracy, reliability, usefulness, completeness, or timeliness of
such content. No content is intended to substitute for personal
advice from a qualified professional. When applicable, always seek
the advice of a qualified professional, and never disregard
professional advice or delay in seeking it because of any content.
By using the service, you agree that campus42 shall not be
responsible for (1) any Content, (2) any person's reliance on any
such content, whether or not correct, current and complete, or (3)
the consequences of any action that you or any other person takes or
fails to take based on any content or otherwise as a result of your
use of the service.
Limitation of Liability
IN NO EVENT SHALL CAMPUS42, NOR ITS DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT,
TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE
THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION,
ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE
SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR
(IV) FOR ANY DIRECT OR INDIRECT DAMAGES.
Dispute Resolution
The terms of use shall be governed by and construed in accordance
with the laws of the Canton of Basel, Switzerland. Any dispute
arising from or relating to the subject matter of this Agreement
shall be finally settled by arbitration in Basel, Switzerland.
Integration and Severability
The terms of use are the entire agreement between you and campus42
with respect to the service and use of the sites, and supersede all
prior or contemporaneous communications and proposals (whether oral,
written or electronic) between you and campus42 with respect to the
sites. If any provision of the terms of use is found to be
unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that the terms of use
will otherwise remain in full force and effect and enforceable. 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.
Miscellaneous
campus42 shall not be liable for any failure to perform its
obligations hereunder where such failure results from any cause
beyond campus42's reasonable control, including, without limitation,
mechanical, electronic or communications failure or degradation. The
terms of use are personal to you, and are not assignable,
transferable or sublicensable by you except with campus42's prior
written consent. campus42 may assign, transfer or delegate any of
its rights and obligations hereunder without consent. No agency,
partnership, joint venture, or employment relationship is created as
a result of the terms of use and neither party has any authority of
any kind to bind the other in any respect. In any action or
proceeding to enforce rights under the terms of use, the prevailing
party will be entitled to recover costs and attorneys' fees. All
notices under the terms of use will be in writing and will be deemed
to have been duly given when received, if personally delivered or
sent by certified or registered mail, return receipt requested; when
receipt is electronically confirmed, if transmitted by facsimile or
e-mail; or the day after it is sent, if sent for next day delivery
by recognized overnight delivery service.