VirtualCollegeFairs Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING VIRTUALCOLLEGEFAIRS.COM WEBSITE, HEREFORTH REFERRED TO AS "THE SITE".
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. VIRTUALCOLLEGEFAIRS.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are VirtualCollegeFairs.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to VirtualCollegeFairs.com a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, and chat rooms) or by e-mail to VirtualCollegeFairs.com by all means and in any media now known or hereafter developed. You also grant to VirtualCollegeFairs.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against VirtualCollegeFairs.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to VirtualCollegeFairs.com.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by VirtualCollegeFairs.com, VirtualCollegeFairs.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for VirtualCollegeFairs.com identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with VirtualCollegeFairs.com. You also understand that VirtualCollegeFairs.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. VirtualCollegeFairs.com offers a search feature within the Site. VirtualCollegeFairs.com explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. VirtualCollegeFairs.com also disclaims any responsibility for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software, or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a VirtualCollegeFairs.com official, forum leader, or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any VirtualCollegeFairs.com product or service if you are not expressly authorized by such party to do so.
In connection with your use of the Site's chat rooms, you agree to each of the following contractually binding terms and conditions.
a) You enter and participate in the chat room and gain access to the materials contained thereon at your own risk.
b) We do not monitor or screen communications on the Chat Room and we are not responsible for any material that any chat room participant posts and we do not assume the responsibility to do so.
c) We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through the chat room. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in the chat room.
d) We do not endorse or lend any credence for any statements that are made by any participant in the chat room.
e) You are fully responsible for your own statements and materials that you post in the chat room and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
f) Any opinions or views expressed by chat room participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
g) In the event that we are notified by any party that any communications contained in the chat room or any parties participation in the chat room is contrary to these terms of chat room access, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from the chat room. We have no liability or responsibility to investigate or remove any content from the chat room based upon a complaint or otherwise.
h) As a participant in the chat room, you agree that we may remove any materials from the chat room for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from the chat room or from the discontinuance of the chat room at any time.
i) We have the right to remove, expel, or disqualify any party from participation and access to the chat room for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
j) We reserve the right to terminate the chat room at any time and all users hold us harmless from and against any claims, damage, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
k) You agree that you will not (i) use the chat room for any illegal purpose, (ii) place any material in the chat room that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party, (iii) place any material in the chat room that contains a false statement about any person, infringes upon the privacy rights of any other person or threatens, harasses, abuses or embarrasses any other person, (iv) place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in the chat room, (v) place any advertising, attempted business solicitation, marketing materials or sales promotional materials in the chat room, (vi) pretend to be another person that you are not, (vii) place materials in the chat room that are disruptive or off-topic.
l) By accessing the chat room and placing any information in the chat room, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
m) You grant to others who access the chat room a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party accessing the chat room.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. VIRTUALCOLLEGEFAIRS.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDIING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND VIRTUALCOLLEGEFAIRS.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. VIRTUALCOLLEGEFAIRS.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL VIRTUALCOLLEGEFAIRS.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF VIRTUALCOLLEGEFAIRS.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, VIRTUALCOLLEGEFAIRS.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charge related thereto.
4. Indemnification and Reservation of Rights
You agree to indemnify, defend and hold harmless VirtualCollegeFairs.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site. VirtualCollegeFairs.com reserves the right to release current or past member or Web site user information if VirtualCollegeFairs.com believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if VirtualCollegeFairs.com deems it necessary and/or appropriate.
5. Third Party Rights
The provisions of paragraphs 2 (Use of the Site), and 4 (Indemnification) are for the benefit of VirtualCollegeFairs.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
6. Term; Termination
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Site), 4 (Indemnification), 5 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.
7. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Ste, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that VirtualCollegeFairs.com shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The Site may provide, or third parties may provide, links to non-VirtualCollegeFairs.com Internet World Wide Web sites or resources. Because VirtualCollegeFairs.com has no control over such sites and resources, you acknowledge and agree that VirtualCollegeFairs.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that VirtualCollegeFairs.com 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
This Agreement shall all be governed and construed in accordance with the laws of the State of Pennsylvania, United States applicable to agreements made and to be performed in the State of Pennsylvania, United States. You agree that any legal action or proceeding between VirtualCollegeFairs.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Butler, State of Pennsylvania, United States. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. VirtualCollegeFairs.com failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. VirtualCollegeFairs.com may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.