Campus Pursuit Terms of Service
EFFECTIVE DATE: September 2, 2015
On September 2, 2015, we published a revised version of our Terms of Service. Your continued use of Campus Pursuit means you agree to this revised document, so please take a few minutes to read and understand it.
These Terms of Service (“Agreement”, “Terms”) are a legal contract between you and Campus Pursuit, LLC (“Campus Pursuit”, “us”, “we”, or “our”). These Terms explain how you are permitted to use the Campus Pursuit mobile application and services, as well as the Campus Pursuit website located at http://www.CampusPursuit.com and any content therein (collectively, the “Services”). Unless otherwise specified, all references to the “Services” include the services available through the Campus Pursuit mobile application and the Campus Pursuit website, as well as any software that Campus Pursuit provides to you that allows you to access the Services from a mobile device. By using the Services, you are agreeing to all of the Terms; if you do not agree with any of these Terms, do not access or otherwise use the Services. You may download and/or print a copy of these Terms for you records at: http://campuspursuit.com/terms.
Campus Pursuit, LLC may make changes to the content and Services at any time. Campus Pursuit, LLC can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the Services or by notifying you via the mobile application. By using the Services after Campus Pursuit, LLC has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using Services.
The Services may not be available in all locations. We may add to or remove the areas in which the Services are not available at any time, without notice to you.
Campus Pursuit provides content through the Services that is copyrighted and/or trademarked work of Campus Pursuit or Campus Pursuit’s third-party licensors and suppliers or other users of the Services (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Campus Pursuit hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Services solely for your personal use. Except for the foregoing license, you have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Services or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
The Services are made available via Mobile Applications. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Campus Pursuit does not warrant that the Mobile Application will be compatible with your mobile device. Campus Pursuit hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Campus Pursuit may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Campus Pursuit and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that Campus Pursuit provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
• You acknowledge that these Terms are between you and Campus Pursuit only, and not with Apple, Inc. (“Apple”).
• Your use of Campus Pursuit’s iOS App must comply with Apple’s then-current App Store Terms of Service.
• Campus Pursuit, and not Apple, is solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
• You agree that Campus Pursuit, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.
• You agree that Campus Pursuit, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Campus Pursuit’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
The following additional terms and conditions apply with respect to any Mobile Application that Campus Pursuit provides to you designed for use on an Android-powered mobile device (an “Android App”):
• You acknowledge that these Terms are between you and Campus Pursuit only, and not with Google, Inc. (“Google”).
• Your use of Campus Pursuit’s Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where you obtained the Android App. Campus Pursuit, and not Google, is solely responsible for Campus Pursuit’s Android App and the Services and Content available thereon. Google has no obligation or liability to you with respect to Campus Pursuit’s Android App or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Campus Pursuit’s Android App.
If you desire to register for an account with Campus Pursuit to use the Services, you must download the App on your mobile device. You are required either sign up via Facebook or through our Mobile Application by submitting your first and last name, the university you attend, your expected year of graduation, an active and functioning email address and creating a password. We collect and save this information. Your first name will serve as your user ID.
By using the Services, you consent to receiving electronic communications from Campus Pursuit. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with Campus Pursuit. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may unsubscribe from these electronic communications at any time.
You are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on, through or in connection with the Services (each a “Submission”). We reserve the right to retain your Submissions, even after they have been removed from view within the App or even after you have deleted them. However, you agree that we have no obligation to retain any Submission for any period of time, nor shall we be responsible or liable to you or any third party for any lost content or losses related to the expiration or deletion of a Submission.
You may not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage or harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Services. When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” section below. Although Campus Pursuit may, in its sole discretion, monitor and remove or edit Submissions for any reason, including but not limited to violation of the “Unauthorized Activities” section below, Campus Pursuit is not obligated to do so.
When using the App and/or any other part of the Services, you agree not to:
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially or ethnically offensive language.
• Discuss or incite illegal activity.
• Post anything that exploits children or minors (including pornography that depicts minors) or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Services.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on the Services
• Post any image or language that is obscene or offensive, threatening or demeaning to any individual or group.
• Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not exhaustive or exclusive. Campus Pursuit reserves the right to (a) terminate access to your account and your ability to post to the Services (or otherwise use the Services) and/or (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Campus Pursuit determines is inappropriate or disruptive to the Services or to any other user of the Services. Campus Pursuit may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Campus Pursuit’s discretion, Campus Pursuit will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Services or on the Internet.
Unauthorized use of any Materials or Third-Party Content contained in the Services may violate certain laws and regulations. You agree to indemnify and hold Campus Pursuit and its officers, directors, employees, consultants, affiliates, agents, licensors, and business partners (collectively, the “Indemnified Entities”) harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Campus Pursuit or any other Indemnified Entity suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Services or the use of the Services by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Prizes and Prize Drawings.
We may occasionally hold prize drawings in conjunction with our sponsors. Entrants must be aged 18 or over. Before entering any of our prize drawings, you must read, understand, and accept the following terms and conditions.
The Prize Draw – use clues on the Campus Pursuit app to find an entry ticket. Once the ticket is in your possession, you must scan the QR confirmation code hidden along with the ticket. Upon scanning the QR code you will then be entered into a pool from which one winner will be randomly selected.
By entering the Prize Draw, you will be deemed to have accepted these Terms and Conditions, which will be referred to hereafter as “the Rules” (of the Prize Draw).
Entrant – any person that (i) enters the Prize Draw, and (ii) satisfies the eligibility criteria in clause 2 below.
Winning Entrant – the Entrant selected as the winner of the Prize Draw.
• Entrants must be aged 18 or over.
• Entrants must be resident of the United States of America.
• Entrants warrant that they will be able to; comply with specified entry requirements/visitor regulatory criteria for the USA and, cover the costs involved in satisfying such requirements.
• Any Prize Draw is not open to employees (and members of their families/household) of Campus Pursuit (and its subsidiaries, divisions, affiliates, designees, sponsors, licensees, and advertising and promotional agencies), and any company involved directly with the administration of the Prize Draw.
• Entrants can enter this Prize Draw multiple times, based on how many tickets they hold.
• Campus Pursuit reserves the right to disqualify Entrants that; breach these Rules, submit false information, act fraudulently, otherwise fail to satisfy the eligibility criteria or generally breach the spirit of the Prize Draw.
• Entrants agree to comply with inquiries and requests from the Sponsor and Campus Pursuit representatives in regard to verifying their eligibility and/or identity.
• The selection decision as to the Winning Entrants will be final, and no correspondence will be entered into regarding the selection process. Details of the Winning Entrant will be available upon request.
• There is no charge to enter the Prize Draw. However standard telephone, mobile data, and internet connection charges may apply. Please check with your network provider for details of such charges.
• Neither Campus Pursuit nor participating sponsors accepts responsibility for any technical failure, error, omission, interruption, or defect in the service supplied by: third party websites (websites that neither Campus Pursuit nor sponsor directly controls), internet service providers, mobile networks/applications (including the Campus Pursuit service) or devices used to enter the Prize Draw.
• Entrants acknowledge that the Internet is not a secure medium and information submitted to this Prize Draw via the Campus Pursuit app may be accessed by our third party partners. Participating sponsors accept no liability for third party interaction and/or interference.
• Campus Pursuit hereby excludes all liability for any costs incurred, injury, disappointment and/or losses (including consequential loss of any nature howsoever arising) in any way arising directly or indirectly as a result of entering or attempting to enter this Prize Draw including where caused by Campus Pursuit negligence.
• The Winning Entrant will be initially notified via email, and correspondence may continue via email, social network, post and/or telephone at Campus Pursuit’s discretion, using the information provided by each potential winner. Campus Pursuit is not obligated to leave a voicemail on an answering service. Campus Pursuit shall have no liability for any winner notification that is lost, intercepted or not received by potential winner for any reason.
• If the Winning Entrants fails to respond to the notification within a reasonable period or let correspondence lapse for an unreasonable length of time, he/she may be disqualified.
• The Winning Entrant accepts that Campus Pursuit will have the right, without additional payment or permission, to use appropriate personal information, and/or audio visual recordings of them that are relevant to the Prize Draw, in connection with publicity/promotion for the Prize, the relevant Sponsor, and/or Campus Pursuit (and its subsidiaries, divisions, affiliates, designees, sponsors, licensees, and advertising and promotional agencies).
• The Winning Entrant agrees to; (a) actively participate in good faith and to the best of their abilities during the activities entailed in the Prize, and all and any publicity/promotion activity that is deemed appropriate by the Sponsor and/or Campus Pursuit in its sole discretion. (b) comply with reasonable requests and instructions from Campus Pursuit or its representatives prior to and during partaking of the Prize and activities entailed. (c) take all reasonable steps to ensure their own health and safety when taking part in any events or activities forming part of the Prize Draw and/or Prize and they will comply with any safety standards notified to them by the Participating Sponsor and/or Campus Pursuit representatives.
• The Participating Sponsor and Campus Pursuit reserve the right to withdraw the Prize from the Winning Entrant, if at any point, in their sole discretion they feel that any of the members of the Winning Party exhibit any dangerous, or morally reprehensible or distasteful behavior (including, but not limited to being under the influence of alcohol or drugs or causing a nuisance in anyway) or give any indication to Campus Pursuit or its representatives in their sole discretion, that he/she may act in such a way.
• For the avoidance of doubt, disqualification of the Winning Entrant entails the disqualification of the entire Winning Party.
• Campus Pursuit has the right, in its sole discretion, to replace or substitute a disqualified Winning Entrant with any other eligible Entrant, but is by no means obliged to.
• Campus Pursuit and any sponsoring company hereby exclude all liability for any costs incurred, injury, disappointment and/or losses (including consequential loss of any nature howsoever arising) in any way arising, whether directly or indirectly as a result of winning this Prize Draw and/or partaking of the Prize including where caused by Campus Pursuit’s negligence.
• The Prize has no cash value and is non-transferable, nor is it exchangeable for cash or any other prize.
• The Entrant represents and warrants that they, are fit, at the time of accepting and partaking of the Prize, to participate in the activities entailed in the Prize including publicity and/or promotion.
• Responsibility and liability for delivery of the Prize shall be that of Campus Pursuit. Campus Pursuit shall have no responsibility or liability (in so far as the law permits) in respect of any late delivery, or failure to deliver, all or any part of the relevant Prize by any third party (that being the Participating Sponsor that sends us the Prize).
• The Participating Sponsor and Campus Pursuit have the right, in their sole discretion, to amend, cancel or substitute the Prize for another prize of any value at any point. If the Participating Sponsor and/or Campus Pursuit amend the Prize in a way that may be materially to the detriment of any Entrants, the Sponsor and/or Campus Pursuit will notify those Entrants of the changes and those Entrants will be given an opportunity to withdraw from the Prize Draw. By continuing to take part in the Prize Draw after notification of the changes to the Prize Draw Rules, Entrants will be deemed to have accepted the amended Prize Draw Rules. This right exists in addition to Campus Pursuit’s right to suspend, amend, or cancel the Prize Draw entirely as per clause 7.8 and 7.9 below.
• Should the Prize be amended, cancelled or substituted in accordance with the preceding clause, the Participating Sponsor and/or Campus Pursuit shall endeavor to inform Winning Entrants as soon as possible, however Campus Pursuit will not accept responsibility or be liable for costs, expenses or losses (including consequential losses howsoever arising) incurred directly or indirectly by Winning Entrants as a result of the Prize being amended, cancelled or substituted in any way.
• If the Winning Entrant is unable to take up the Prize for any reason (including but not limited to due to scheduling, illness, failure to acquire appropriate insurance, or any unforeseen circumstances) the Participating Sponsor and Campus Pursuit reserve the right to select another Entrant, but are by no means obliged to.
• The decisions of the Participating Sponsor and/or Campus Pursuit on all matters pertaining to the Prize Draw shall be final and binding. No correspondence will be entered into.
• Each Entrant hereby agrees to indemnify and hold the Participating Sponsor and Campus Pursuit (and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, subsidiaries, designees, clients, licensees, assigns, employees, officers and directors) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all costs, losses, damages, expenses and liabilities (including for, but not limited to goodwill and loss of reputation) relating to or arising out of a breach by the Entrant of either the Rules or the reasonable requests and instructions of the Participating Sponsor and/or Campus Pursuit or its representatives in relation to the Prize (including but not limited to any behavior that constitutes a disqualification under these Rules, and any failure to attend or failure to be punctual in regard to any arrangements made by mutual agreement with the Sponsor and/or Campus Pursuit) or as a result of any breach of any of the warranties, representations or agreements of the Entrant hereunder.
• Campus Pursuit reserves the right to amend the Prize Draw Rules, and/or suspend and/or cancel the Prize Draw at any time, if in its reasonable discretion Campus Pursuit judges that there is a need to do so. If Campus Pursuit amends the Prize Draw Rules in a way that may be materially to the detriment of any Entrants Campus Pursuit will notify those Entrants of the changes and those Entrants will be given an opportunity to withdraw from the Prize Draw. By continuing to take part in the Prize Draw after notification of the changes to the Prize Draw Rules, Entrants will be deemed to have accepted the amended Prize Draw Rules.
• Campus Pursuit also reserves the right to cancel and/or amend the Prize Draw at its sole discretion without notice, in light of any event that is beyond our control.
• No party to these Rules shall be liable for any failure or delay in performance under these Terms and Conditions to the extent said failures or delays are proximately caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
• If any section or part of a section of these Prize Draw Rules is held by a court or some other relevant authority to be invalid or unenforceable the remaining sections of these Prize Draw Rules shall not be affected and the section or part of a section held to be invalid or unenforceable shall be amended by the minimum amount necessary to make it valid and enforceable (where it is possible to do so).
Disclaimer of Warranties.
Your use of the Services is at your own risk. The Materials may not have been verified or authenticated in whole or in part by Campus Pursuit, and they may include inaccuracies or typographical or other errors. Campus Pursuit does not warrant the accuracy of timeliness of the Materials contained on the Services. Campus Pursuit has no liability for any loss of, or errors or omissions in Submissions, or for any errors or omissions in the Materials or any other portion of the Services, whether provided by Campus Pursuit, our licensors or suppliers or other users.
CAMPUS PURSUIT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, MATERIALS AND ANY OTHER PORTION OF THE SERVICES OR ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, CAMPUS PURSUIT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIR– USES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE.
Limitation of Liability.
IN NO EVENT WILL CAMPUS PURSUIT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF CAMPUS PURSUIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CAMPUS PURSUIT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR — USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST CAMPUS PURSUIT FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. IF, NOTWITHSTANDING THESE TERMS, CAMPUS PURSUIT IS FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR — USE OF THE SERVICES, CAMPUS PURSUIT’S LIABILITY SHALL IN NO EVENT EXCEED ONE U.S. DOLLAR ($1.00) IN THE AGGREGATE.
THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
If you send or transmit any communications, comments, questions, suggestions, or related materials regarding Campus Pursuit or the Services, whether by email or otherwise (collectively, “Feedback”), such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Campus Pursuit is free to use, without any attribution or compensation to you, any and all Feedback for any purpose whatsoever. You understand and agree that Campus Pursuit is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
The New Jersey state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Campus Pursuit’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Campus Pursuit and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Campus Pursuit about the Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact Campus Pursuit for any reason, you can reach us at firstname.lastname@example.org.