Terms of Use
Date of Last Revision: August
4th, 2009
This is UniveristyLyfe.com, a website and social networking utility
that allows you to create unique personal profiles to help you connect and
interact with people in your university’s community and the communities of
other universities. The UniversityLyfe website and
social network (either, ʺUniversityLyfeʺ or
ʺthe Serviceʺ) are operated by UniversityLyfe.com, LLC. (collectively, ʺusʺ, ʺweʺ or ʺUniversityLyfeʺ.) All online services offered to you
through the UniversityLyfe™ (“UniversityLyfe”,
“Ulfye”,“we”, “us” or “our”) website (the “Site”) are
conditioned on your acceptance of this Terms of Use Agreement (“Agreement”).
The Social Networking Services include e‐mail services, bulletin board
services, chat rooms, news groups, forums, and other message or communication
facilities designed to enable you to communicate with others and share images,
audio, video, creative works or other information or material. (“Social Networking Service(s)”.) This Terms of Use
Agreement (ʺAgreementʺ) sets forth the legally binding terms for your
use of the UniversityLyfe Social Networking Services.
Your use of the Social Networking Services acknowledges that you agree to abide
by all the terms contained in this Agreement.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE
INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE
THAT GOVERNS AND DESCRIBES WHERE, HOW AND WHEN DISPUTES WILL BE RESOLVED.
Eligibility
Use of the UniversityLyfe Social Networking Services and registration
to be a user of UniversityLyfe Social Networking
Services is void where prohibited. By using the UniversityLyfe
Social Networking Services you represent and warrant that you are 13 years of
age or older; and your use of the UniversityLyfe
Social Networking Services does not violate any applicable law or regulation.
Your profile may be deleted and your account may be terminated without warning,
if we believe that you are under 13 years of age, if
we believe that you are under 18 years of age and you represent yourself as 18
or older, or if we believe you are over 18 and represent yourself as under 18.
Privacy and Protection of Personal Information
Our Privacy Policy,
available at UniversityLyfeRM Privacy Policy, describes our data
privacy practices and is hereby incorporated into this Agreement. By using the
Site or the Service, you are consenting to have your personal data transferred
to and processed in the
Membership Accounts
To use Social Networking
Services provided through the UniversityLyfeRM website you must
register and be eligible to be a member of UniversityLyfe.
If you choose to register to become a member, you agree to: (a) supply the
information requested in the registration process; (b) to ensure that all the
information you supply to us is accurate, and (c) to update your personal
information keep it accurate, current and complete; and (d) be fully
responsible for all use of your account and for any actions that take place
using your account You agree to provide your user identification, real name,
your own email address, your professional affiliation and zip code when
registering as a member.
During the registration
process, you must select a password for your individual account as well as a
4-Digit PIN (Personal Identification Number) which is an “added layer” of
security. We may request you enter your PIN from time to time when editing or
using information we deem sensitive, and you can also add an additional
security layer when using common features on UniversityLyfe,
at your discretion, in your Account Settings. Your password will not work until
you have validated your account by responding to an email you will receive
following registration. You agree to protect and maintain the confidentiality
of your password. You agree not to share your password with anyone; you will be
liable for the conduct of those using your account and password. If we suspect
that an unauthorized person is using your account, we may temporarily disable
that account to preserve system security. We encourage you to and may change
your password at any time. If you learn of any unauthorized use of your account
or password, you agree to notify UniversityLyfe
immediately. In the event that UniversityLyfe offers
a different class type of membership, utilizing new or unique features,
additional terms may apply.
Amendments to the Terms
of Use
We may amend this Agreement at
any time by posting the amended terms on our website. If we do this, we will
post the changes to these Terms of Use on this page and will indicate at the
top of this page the date these terms were last revised. Your continued use of
the Site and/or the Social Networking Services following the effective date of
any amendment constitutes your acceptance of the amendment.
Non-Commercial and Personal Use
Only
Unless we specify or otherwise
permit to the contrary, the Services are for your personal, non-commercial use
only. Unless expressly permitted by UniversityLyfe,
you agree not to solicit funds through or advertise, solicit or sell goods or
services through the Site.
You agree not to reproduce,
duplicate, copy, sell, resell or commercially exploit access to the Site, any
of the Social Networking Services, or any Content made available on the Site (except of course, the Content you own). “Content” means any
work of authorship, listings, postings, messages, text, files, images, photos,
video, sounds, or other materials posted on or transmitted through the Site.
Content posted to the Site by
other members is for your personal use only and subject to the license grant
described below (see heading Postings on the Site). If you want to exercise any
rights with respect to the Content that are not granted in the license below,
you agree to obtain the necessary permission from the owner(s) of such Content.
Links to Third Party
Websites
The Site may contain
links to other websites and resources (“Linked Websites”). We do not control
and we do not endorse any Linked Websites. Therefore, we are not liable for the
availability of the content, services or products found in the Linked Websites.
No Unlawful or Prohibited
Uses
You agree not use the
Social Networking Services for any purposes that violate any applicable local,
state, federal or international law. You agree not use the Social Networking
Services in any way that could damage, disable, or impair any Services provided
by UniversityLyfe (or the network(s) connected to UniversityLyfe), violate the privacy and security of other
members, or interfere with any member’s use and enjoyment of any of the Social
Networking Services. You agree not to attempt to gain unauthorized access to
any Social Networking Services, other accounts, computer systems or networks
connected to UniversityLyfe, through hacking,
password mining or any other means. You agree not to obtain or attempt to
obtain any materials or information through any means not intentionally made
available through the Social Networking Services. You agree not to send “Spam”
(as that term is defined by applicable law) to or from any account on UniversityLyfe.
You agree to respect the
legal rights of other members and third parties and will not infringe any of
those rights, including patents, trademarks, trade secrets, copyrights, privacy
rights, publicity rights and other proprietary rights.
You agree not to promote UniversityLyfe or any of the Social Networking Services
through Spam messages to third parties.
Use of the Services and User Content Posting Rules.
The Social Networking Services include e‐mail services,
bulletin board services, chat rooms, news groups, forums, and other message or
communication facilities designed to enable you to communicate with others and
share images, audio, video, creative works or other information or material. (“Social Networking Service(s)”.) You agree to use the
Social Networking Services only to post, send and receive messages and material
that are related to that particular Social Networking Services.
When using UnivesityLyfe you agree NOT TO:
• Post any photo or video that depicts any children under the age of
13, you affirm that you have written permission from the childʹs
parent or guardian to provide the photo or video;
• Post any Content that
contains vulgar, profane, abusive, racist or hateful language or expressions,
epithets or slurs, text, photographs or illustrations in poor taste,
inflammatory attacks of a personal, racial or religious nature;
• Post any Content that is
defamatory, threatening, disparaging, grossly inflammatory, false, misleading,
fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated
claims, violates the privacy rights of any third party, is unreasonably harmful
or offensive to any individual or community;
• Post any Content that
violates any right of UniversityLyfe or any third
party;
• Post any Content that discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• Post any Content that violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
• Post any Content that interferes with any third party’s uninterrupted use of UniversityLyfe;
• Post any Content that
advertises, unauthorized promotion or offers to trade any goods or services,
except in areas specifically designated for such purpose;
• Post any Content that
uses or attempt to use anotherʹs Registration
Account, password, service or system except as expressly permitted by the Terms
of Service;
• Post any Content that
uploads or transmits viruses or other harmful, disruptive or destructive files,
material or code.
• Post any Content that
disrupts, interferes with, or otherwise harms or violates the security of UniversityLyfe, or any services, system resources,
accounts, passwords, servers or networks connected to or accessible through
Ulyfe.com, UniversitylYfe.com or affiliated or linked sites;
• ʺflamesʺ any
individual or entity (e.g., sends repeated messages related to another user
and/or makes derogatory or offensive comments about another individual), or
repeats prior posting of the same message under multiple threads or subjects; harassment
of users, groups, businesses, or orgs
• Use it in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming,
unsolicited messages, off‐topic messages, promotion of any product,
service, company, website, bulletin board or venture;
• Post or distribute
private information of other members such as their addresses, phone number,
Social Security number or credit card number;
• Post or distribute
material or information that are inappropriate, profane, indecent,
pornographic, or that violate local, state or federal obscenity laws;
• Post or distribute
instructional information on illegal activities such as hacking, cracking, and phreaking;
• Post or distribute files
that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any
other similar programs that may damage the operation of computers,
telecommunications equipment, or property of another;
• Falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of material that is uploaded;
• Create a false identity
to mislead others or impersonate any person or entity, including a
UniversityLyferm employee,
agent, forum leader, moderator or host, or falsely state or misrepresent your
affiliation with a person or entity or violate any of the Community Guidelines;
and
• Forge headers or
manipulate identifiers to disguise the origin of any Content transmitted
through the Social Networking Services.
If you violate any
provision of this Agreement (including the above terms for using the Social
Networking Services) or create or threaten to create liability for us, as
determined in our discretion, we may terminate your account (or any part of it)
or ability to access and use any of the Social Networking Services.
Community Guidelines
You agree to comply with
any rules or guidelines posted on the Site by UniversityLyfe
at [link]. You agree that we may establish, in our sole discretion, and you
will follow, limitations, rules or general practices concerning use of the
Service, such as the maximum number of messages a member may post to a given
board or the Service in a given day, the number of days that posted messages
will be available, or the maximum size of a given post or any other aspect of a
Community.
Postings on the Site
The Social Networking Services enable members to post Content on
the Site. You are solely responsible for the photos, profiles (including your
name, image, and likeness), messages, notes, text, information, music, video,
advertisements, listings, and other content that you upload, publish or display
(hereinafter, ʺpostʺ) on or through the Social Networking Services or
the Site, or transmit to or share with other users (collectively the ʺUser
Contentʺ). We disclaim all copyrights to, ownership rights to,
responsibility for, and liability for User Content. Each item of User Content
is the exclusive responsibility of the member who posted or uploaded it. We
may, but we have no obligation to, review, pre‐screen, and approve any
member User Content. Please use caution and common sense when viewing User
Content. You agree to bear any and all risk of reliance on the accuracy,
validity or legitimacy of any User Content on the Site.
You understand and agree
that you will be solely responsible for any User Content that you upload or
post through the Social Networking Services. By submitting any User Content you
warrant and represent to us that you own or have sufficient rights to your User
Content to grant the licenses provided in this Agreement. You have the right to
remove your User Content at any time, but the license below will continue
despite such removal.
UniversityLyfe is not responsible for the loss of important data and content. UniversityLyfe does not and cannot guarantee that certain
hardware, system, or service failures will not result in (therefore will) the
loss of data you may deem irreplaceable. We highly suggest always keeping a
backup of any content/data posted on UniversityLyfe
in the event of such catastrophic failures or losses. We are not responsible
for the inaccessibility of your data/content during periods of heavy usage,
downtime, for any reason.
Copyrights to User
Content
You may not post,
transmit, or share User Content on the Site or Social Networking Services that
you did not create or that you do not have permission to post. You understand
and agree that UniversityLyfe may, but is not
obligated to, review the Site and may delete or remove (without notice) any
Site Content or User Content in its sole discretion, for any reason or no
reason, including User Content that in the sole judgment of the UniversityLyfe violates this Agreement or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the
safety of users or others. You are solely responsible at your sole cost and
expense for creating backup copies and replacing any User Content you post or
store on the Site or provide to UniversityLyfe.
When you post User Content to the Site, you authorize and direct
us to make such copies thereof as we deem necessary in order to facilitate the
posting and storage of the User Content on the Site.
By posting User Content to any part of the Site, you automatically
grant, and you represent and warrant that you have the right to grant, to UniversityLyfe an revocable, perpetual,
non‐exclusive, transferable, worldwide license (with the right to
sublicense) to use, copy, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part) and distribute such User Content for
any purpose, commercial, advertising, or otherwise, on or in connection with
the Site or the promotion thereof, to prepare derivative works of, or
incorporate into other works, such User Content, and to grant and authorize
sublicenses of the foregoing. You may remove your User Content from the Site at
any time. If you choose to remove your User Content, the license granted above
will automatically expire, however you acknowledge that the UniversityLyfe
may retain archived copies of your User Content. UniversityLyfe
does not assert any ownership over your User Content; rather, as between us and
you, subject to the rights granted to us in this Agreement, you retain full
ownership of all of your User Content and any intellectual property rights or
other proprietary rights associated with your User Content.
Disclaimers
UniversityLyfe is not responsible or liable in any manner for any User Content
or Third Party Applications, Software or Content posted on the Site or in
connection with the Social Networking Services, whether posted or caused by
users of the Site, by UniversityLyfe, by third
parties or by any of the equipment or programming associated with or utilized
in the Site or the Social Networking Services. UniversityLyfe
does not control and is not responsible for what users post, transmit or share
on the Site and is not responsible for any offensive, obscene, inappropriate,
unlawful or otherwise objectionable content you may encounter on the Site or in
connection with any User Content or Third Party Applications, Software or
Content. UniversityLyfe is not responsible for the
conduct, whether online or offline, of any user of the Site or the Social
Networking Services.
The Site and the Social
Networking Services may be temporarily unavailable from time to time for
maintenance or other reasons. UniversityLyfe assumes
no responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, User Content or
communications. UniversityLyfe is not responsible for
any injury, damage, technical malfunction or other problems of any network or
service, computer systems, servers or providers, computer or mobile phone equipment,
software, failure of email on account of or in connection with the Site and/or
the Social Networking Services. Under no circumstances will UniversityLyfe
be responsible for any loss or damage, including any loss or damage to any User
Content or personal injury or death, resulting from anyoneʹs
use, including registered Users, of the Site or the Social Networking Services,
any User Content or Third Party Applications, Software or Content posted on or
through the Site or the Social Networking Services or transmitted to Users, or
any interactions between users of the Site, whether online or offline.
THE SITE, THE SOCIAL NETWORKING SERVICES ANY APPLICATIONS AND THE
SITE CONTENT ARE PROVIDED ʺAS‐ISʺ AND UNIVERSITYLYFE DISCLAIMS
ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF FITNESS, TITLE AND MERCHANTABILITY FOR A
PARTICULAR PURPOSE OR NON‐INFRINGEMENT. UNIVERSITYLYFE CANNOT GUARANTEE
AND/OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE
AND/OR ANY APPLICATIONS. UNIVERSITYLYFE DOES NOT REPRESENT OR WARRANT THAT
SOFTWARE, CONTENT OR MATERIALS ON THE SITE, ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR‐FREE OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE,
CONTENT OR MATERIALS. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM
OR THROUGH THE SITE OR THE SOCIAL NETWORKING SERVICES AT YOUR OWN DISCRETION
AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY
DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF
ANY KIND THAT MAY RESULT. UniversityLyfe reserves the
right to change any and all content, software and other items used or contained
in the Site and any Social Networking Services offered through the Site at any
time without notice.
Limitation of Liability
IN NO EVENT WILL WE BE
LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT
(INCLUDING YOUR USE OR INABILITY TO USE ANY OF THE SERVICES) EVEN IF WE WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNIVERSITYLYFE’S LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNTS PAID, IF ANY, BY YOU TO UNIVERSITYLYFE FOR THE
SOCIAL NETWORKING SERVICES DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL
THE UNIVERSITYLYFE’S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO
FEES ARE PAID TO UNIVERSITYLYFE THE SOCIAL NETWRKING SERVICES, YOU SHALL BE
LIMITED TO INJUNCTIVE RELIEF ONLY AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY
KIND FROM UNIVERSITYLYFE. Some states do not allow the limitation or exclusion
of liability for incidental or consequential damages so these limitations or
exclusions may not apply to you.
Account Termination
We reserve the right to refuse access to the Service to anyone and
to cancel an account at any time without notice. We will immediately terminate
the account of any member that we determine, in our sole discretion, is
transmitting any “spam”, other unsolicited bulk email, or violating any policy
or agreement that UniversityLfyfe deems a threat to
the security of UniversityLyfe and it’s services.
Modification and Termination of Service
We reserve the right at
any time, for any reason, or no reason, at any time, in our sole discretion to
modify or discontinue, temporarily or permanently, the Social Networking
Services (or any part of them) without notice. This may include deleting your
profile and any content or information that you have posted on the Site or
through any Platform with or without notice. You agree that we will not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
Governing Law; Venue and
Jurisdiction
By visiting or using the Site and/or the Service, you agree that
the laws of the State of
Arbitration
YOU AND UNIVERSITYLYFE AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND
REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING
OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SOCIAL NETWORKING SERVICES
(INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SOCIAL NETWORKING
SERVICES) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the
extent that either of us has in any manner infringed upon or violated or
threatened to infringe upon or violate the other partyʹs
patent, copyright, trademark or trade secret rights, or you have otherwise
violated any of the user conduct rules set forth above then the parties
acknowledge that arbitration is not an adequate remedy at law and that
injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the
American Arbitration Association (the ʺAAAʺ) under its Commercial
Arbitration Rules and, in the case of consumer disputes, the AAAʹs
Supplementary Procedures for Consumer Related Disputes (the ʺAAA Consumer
Rulesʺ) (collectively the ʺAAA Rulesʺ). The location of the
arbitration and the allocation of costs and fees for such arbitration shall be
determined in accordance with such AAA Rules and shall be subject to the
limitations provided for in the AAA Consumer Rules (for consumer disputes). If
such costs are determined to be excessive in a consumer dispute, the UniversityLyfe will be responsible for paying all arbitration
fees and arbitrator compensation in excess of what is deemed reasonable. The arbitratorʹs award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. All arbitrations will be
conducted in
To the fullest extent
permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE
SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR
CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION
PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or
proceeding by you related in any way to the Site and/or the Social Networking
Services (including your visit to or use of the Site and/or the Social
Networking Services) be instituted more than three (3) years after the cause of
action arose.
Indemnity
You agree to indemnify
us, and our subsidiaries, affiliates, officers, agents, employees, and
contractors from any claim or demand, including reasonable attorneys’ fees,
made by any third party due to Content you submit, post to or transmit through
your use of the Site, the Social Networking Services, your connection to the
Social Networking Services, or your violation of any laws, this Agreement, or
the rights of any third party.
Copyrights Complaints
If you believe that any
Content on the Site is infringing on your copyright, you may seek the removal
of such Content by providing notice to us in accordance with the Notice and
Take Down provisions of the Digital Millennium Copyright Act.
Trademarks
UniversityLyfe™ is a trademark owned by UniversityLyfe,
LLC. and other UniversityLyfe
graphics, logos, designs, page headers, button icons, scripts and service names
are registered trademarks, trademarks or trade dress of UniversityLyfe
in the
Any rights not expressly
granted in this Agreement are reserved.
Notices
We may send notices to
you may either by email or regular mail. We may also provide notices of changes
to this Agreement or the Service by displaying notices or links to notices on
the Service.
Agreement
This Agreement
constitutes the entire agreement between you and UniversityLyfe
with respect to the Service and supersedes all prior agreements and
understandings between you and UniversityLyfe. UniversityLyfe’s failure to enforce any provision of this
Agreement should not be construed as a waiver of any provision or right. In the
event that a portion of this Agreement is held unenforceable, the unenforceable
portion will be construed in accordance with applicable law as nearly as
possible to reflect the original intentions of the parties, and the remainder
of the provisions will remain in full force and effect.
X
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.