Welcome to CampusYap.com, a
website and online service owned and operated by CampusYap, Inc. ("CampusYap"
"we," or "us"). This page explains the terms by which you may use our service.
By accessing or using the CampusYap services, website, applications and software
provided through or in connection with the service, including through a mobile
device ("Service"), you signify that you have read, understood, and agree to be
bound by this Terms of Use Agreement ("Agreement"), whether or not you are a
registered user of our Service.
We reserve the right to amend this Agreement at any time and without notice. If
we do this, we will post the amended Agreement on this page and indicate at the
top of the page the date the Agreement was last revised. Your continued use of
the Service after any such changes constitutes your acceptance of the new Terms
of Use. If you do not agree to any of these terms or any future Terms of Use, do
not use or access (or continue to access) the Service. This Agreement applies to
all visitors, users, and others who access the Service ("Users").
Use of Our Service
CampusYap provides a place for people to communicate with others in their work,
school or campus networks (each, a "Network") in real time.
CampusYap grants you permission to use the Service as set forth in this
Agreement, provided that: (i) you will not copy, distribute, or disclose any
part of the Service in any medium; (ii) you will not alter or modify any part of
the Service other than as may be reasonably necessary to use the Service for its
intended purpose; and (iii) you will otherwise comply with the terms and
conditions of this Agreement. You will need to register with CampusYap and
create a “Member” account. Your account gives you access to the services and
functionality that we may establish and maintain from time to time and in our
sole discretion.
You may never use another Member’s account without permission. When creating
your account, you must provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and you must keep your
account password secure. You must notify CampusYap immediately of any breach of
security or unauthorized use of your account. Although CampusYap will not be
liable for your losses caused by any unauthorized use of your account, you shall
be liable for the losses of CampusYap or others due to such unauthorized use.
You may use your Account Settings to control your Member Profile. By providing
CampusYap your email address you consent to our using the email address to send
you Service-related notices, including any notices required by law, in lieu of
communication by postal mail. You may use your Notifications Settings to opt out
of many Service-related communications. We may also use your email address to
send you other messages, including changes to features of the Service and
special offers. If you do not want to receive such email messages, you may opt
out by changing the preferences in your Notifications Settings. Opting out may
prevent you from receiving email messages regarding updates, improvements, or
offers.
You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," "offline readers," etc., that accesses the
Service in a manner that sends more request messages to the CampusYap servers
than a human can reasonably produce in the same period of time by using a
conventional on-line web browser. You agree not to collect or harvest any
personally identifiable information, including account names, from the Service
nor to use the communication systems provided by the Service for any commercial
solicitation purposes. You agree not to use any portion of the Service as a
destination linked from any unsolicited bulk messages or unsolicited commercial
messages.
CampusYap may permanently or temporarily terminate, suspend, or otherwise refuse
to permit your access to the Service without notice and liability, if, in
CampusYap's sole determination, you violate any of the Agreement, including the
following prohibited actions: (i) attempting to interfere with, compromise the
system integrity or security or decipher any transmissions to or from the
servers running the Service; (ii) taking any action that imposes, or may impose
at our sole discretion an unreasonable or disproportionately large load on our
infrastructure; (iii) uploading invalid data, viruses, worms, or other software
agents through the Service; (iv) impersonating another person or otherwise
misrepresenting your affiliation with a person or entity, conducting fraud,
hiding or attempting to hide your identity; (v) interfering with the proper
working of the Service; or, (vi) bypassing the measures we may use to prevent or
restrict access to the Service, including, but not limited to, registering for
the Service with a non-Network email address. Upon termination for any reason,
you continue to be bound by this Agreement.
CampusYap reserves the right to offer alternative and/or additional Services to
certain administrative users that may not be offered to general Users. You
acknowledge that CampusYap may charge a fee for the use of any Services,
provided that CampusYap notifies you of any such fee before you incur it.
Subject to the foregoing, you agree to pay any fees incurred by you.
If you learn that a User is not authorized to be a Member of a Network or is
otherwise violating this Agreement, we encourage you to visit such User's Member
profile page and follow the "click here" link under the Admin section to notify
us. You agree you will not accuse any User of being unauthorized or of violating
this Agreement unless you have actual knowledge.
User Content
Some areas of the Service may allow Users to post feedback, comments, questions,
data, and other information (“User Content”). You are solely responsible for
your User Content that you upload, publish, display, link to or otherwise make
available (hereinafter, “post”) on the Service, and you agree that we are only
acting as a passive conduit for your online distribution and publication of your
User Content. CampusYap will not review, share, distribute, or reference any
such User Content except as provided herein or in our Privacy Policy or as may
be required by law. In either case, CampusYap does not have, nor does it claim,
any ownership rights in any User Content.
By utilizing the Service, you agree to have the domain portion of your email
address (“@yourschool.edu”) and/or the school, or organization name represented
by such domain portion of your email address, listed on the CampusYap website in
a company directory listing (“Directory”). Customers (as defined below) who do
not want to be included in such published Directory may send a written request
to support@CampusYap.com to remove their company, school, or organization name
from the Directory.
You agree not to post User Content that: (i) may create a risk of harm, loss,
physical or mental injury, emotional distress, death, disability, disfigurement,
or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) may constitute or contribute to a crime or tort; (iv) contains any
information or content that is unlawful, harmful, abusive, racially or
ethnically offensive, defamatory, infringing, invasive of personal privacy or
publicity rights, harassing, humiliating to other people (publicly or
otherwise), libelous, threatening, or otherwise objectionable; (v) contains any
information or content that is illegal; (vi) contains any information or content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships; or (vii) contains any information or
content that you know is not correct and current. You agree that any User
Content that you post does not and will not violate third-party rights of any
kind, including without limitation any Intellectual Property Rights (as defined
below), rights of publicity and privacy. You understand that publishing your
User Content on the Service is not a substitute for registering it with the U.S.
Copyright Office, the Writer’s Guild of America, or any other rights
organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all
patent rights, copyright rights, mask work rights, moral rights, rights of
publicity, trademark, trade dress and service mark rights, goodwill, trade
secret rights and other intellectual property rights as may now exist or
hereafter come into existence, and all applications therefore and registrations,
renewals and extensions thereof, under the laws of any state, country, territory
or other jurisdiction.
CampusYap takes no responsibility and assumes no liability for any User Content
that you or any other Users or third parties post or send over the Service. You
understand and agree that any loss or damage of any kind that occurs as a result
of the use of any User Content that you send, upload, download, stream, post,
transmit, display, or otherwise make available or access through your use of the
Service, is solely your responsibility. CampusYap is not responsible for any
public display or misuse of your User Content. You understand and acknowledge
that you may be exposed to User Content that is inaccurate, offensive, indecent,
or objectionable, and you agree that CampusYap shall not be liable for any
damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other CampusYap Users. We
reserve the right, but have no obligation, to monitor disputes between you and
other Users.
Groups
Individual Users may form a group to segment the audience for certain User
Content (“Group”). Each Group may have one or more administrators (the “Group
Administrator”). A Group may be designated as open to any User in a Network (a
“Public Group”) or a Group may be limited to certain Users in a Network with
membership subject to the approval of the Group Administrator (a “Private
Group”). A Group Administrator may add or remove Users to that particular Group.
Though Users may establish a Private Group, User Content posted within a Private
Group on a Network is owned by that Network.
Mobile Use
General
Users may opt in to receive regular short message service (“SMS”) alerts of new
CampusYap content through mobile telephone device carriers that may be supported
via CampusYap SMS. You may receive help for SMS content delivery via SMS by text
messaging “HELP” to the CampusYap number, or by contacting CampusYap customer
support at support@CampusYap.com. There is no fee charged by CampusYap for Users
to receive text messages. Standard text messaging rates and other charges from a
User’s carrier may apply.
Opt-in/Opt-out
Users may elect to receive SMS alerts of new CampusYap Content. To opt-in to SMS
updates, you will sign up on the web at CampusYap.com, register your mobile
device, and receive a PIN number to your registered mobile device. After receipt
of the PIN, you will then enter the PIN on the CampusYap website to receive SMS
alerts. When you register to receive the mobile alerts, you warrant that you are
the legal own of the mobile device which you registered to receive mobile alerts
messages and that you are authorized to incur any charges that may result from
receiving mobile alert messages.
You may discontinue receipt of mobile alert messages by text messaging “STOP” or
“QUIT” to CampusYap short code. You may also opt-out of SMS alerts at the
CampusYap website by changing your preferences in your Mobile Settings.
Text Message Content and Delivery
CampusYap forwards the information that you have requested in the form of text
messages from our partners. CampusYap is not responsible for the contents of any
information that is sent to your mobile device, since it is not the originator
of this content. CampusYap can make no representations or warranties as to the
accuracy or reliability of the contents and accuracy of that information.
CampusYap does not warrant that the text messaging service will be uninterrupted
or error free. We shall not be liable for any delay in performing or failure to
perform any obligation hereunder by circumstances beyond our reasonable control
including (without limitation) any technical problems beyond the control of
CampusYap such as (for example) defects, congestion or failures of capacity or
otherwise in the public data or telephone or mobile carrier network or caused by
atmospheric interference, your mobile device being turned off for an extended
period of time so that messages are not retained, or your being unable to obtain
mobile network coverage.
License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a
non-exclusive, limited, personal license to use the Service. CampusYap reserves
all rights not expressly granted herein in the Service and the CampusYap Content
(as defined below). CampusYap may terminate this license at any time for any
reason or no reason.
Our Proprietary Rights
Except for your User Content, the Service and its materials, including, without
limitation, software, images, text, graphics, illustrations, logos, patents,
trademarks, service marks, copyrights, photographs, audio, videos and music (the
"CampusYap Content"), and all Intellectual Property Rights related thereto, are
the exclusive property of CampusYap and its licensors. Except as explicitly
provided herein, nothing in this Agreement shall be deemed to create a license
in or under any such Intellectual Property Rights, and you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit or create derivative works from any
materials or content accessible on the Service. Use of the CampusYap Content or
materials on the Service for any purpose not expressly permitted by this
Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the
Service, including without limitation about how to improve the Service or our
products (“Ideas”). By submitting any Idea, you agree that your disclosure is
gratuitous, unsolicited and without restriction and will not place CampusYap
under any fiduciary or other obligation, that we are free to disclose the Ideas
on a non-confidential basis to anyone or otherwise use the Ideas without any
additional compensation to you. You acknowledge that, by acceptance of your
submission, CampusYap does not waive any rights to use similar or related ideas
previously known to CampusYap, or developed by its employees, or obtained from
sources other than you.
Eligibility
This Service is intended solely for Users who are thirteen (13) years of age or
older, and any registration, use or access to the Service by anyone under 13 is
unauthorized, unlicensed, and in violation of this Agreement. CampusYap may
terminate your account, delete any content or information that you have posted
on the Service, and/or prohibit you from using or accessing the Service (or any
portion, aspect or feature of the Service) for any reason, at any time in its
sole discretion, with or without notice, including without limitation if it
believes that you are under 13. If you are under 18 years of age you may use the
Service only if you either are an emancipated minor, or possess legal parental
or guardian consent, and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and warranties set forth
in this Agreement, and to abide by and comply with this Agreement.
Privacy
We care about the privacy of our Users. Click here to view our Privacy Policy.
By using the Service, you are consenting to have your personal data transferred
to and processed in the United States.
Security
We have implemented commercially reasonable technical and organizational
measures designed to secure your personal information and User Content from
accidental loss and from unauthorized access, use, alteration or disclosure.
However, we cannot guarantee that unauthorized third parties will never be able
to defeat those measures or use your personal information and User Content for
improper purposes. You acknowledge that you provide your personal information at
your own risk.
Additional Representations and Warranties
You shall be solely responsible for your own User Content and the consequences
of posting or publishing it. In connection with User Content, you affirm,
represent and warrant, in addition to the other representations and warranties
in this Agreement, the following:
A. You are at least 18 years of age, or if you are under 18 years of age you are
either an emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in this Agreement, and
to abide by and comply with this Agreement.
B. You have the written consent of each and every identifiable natural person in
your Network to use such person’s name or likeness in the manner contemplated by
the Service and this Agreement, and each such person has released you from any
liability that may arise in relation to such use.
C. Your User Content and CampusYap's use thereof as contemplated by this
Agreement and the Service will not infringe any rights of any third party,
including but not limited to any Intellectual Property Rights, privacy rights
and rights of publicity.
Third-Party Websites, Advertisers or Services
CampusYap may contain links to third-party websites, advertisers, or services
that are not owned or controlled by CampusYap. CampusYap has no control over,
and assumes no responsibility for, the content, privacy policies, or practices
of any third party websites or services. If you access a third party website
from CampusYap, you do so at your own risk, and you understand that this
Agreement and CampusYap’s Privacy Policy do not apply to your use of such sites.
You expressly relieve CampusYap from any and all liability arising from your use
of any third-party website or services or third party owned content.
Additionally, your dealings with or participation in promotions of advertisers
found on CampusYap, including payment and delivery of goods, and any other terms
(such as warranties) are solely between you and such advertisers. You agree that
CampusYap shall not be responsible for any loss or damage of any sort relating
to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the
terms and conditions and privacy policy of any third-party website or service
that you visit.
Indemnity
You agree to defend, indemnify and hold harmless CampusYap and its subsidiaries,
agents, managers, and other affiliated companies, and their employees,
contractors, agents, officers and directors, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (i) your use of and
access to the Service, including any data or work transmitted or received by
you; (ii) your violation of any term of this Agreement, including without
limitation, your breach of any of the representations and warranties above;
(iii) your violation of any third-party right, including without limitation any
right of privacy, publicity rights or Intellectual Property Rights; (iv) your
violation of any law, rule or regulation of the United States or any other
country; (v) any claim or damages that arise as a result of any of your User
Content or any that are submitted via your account; or (vi) any other party’s
access and use of the Service with your unique username, password or other
appropriate security code.
No Warranty
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE
SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CAMPUSYAP, ITS SUBSIDIARIES,
AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR
CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE
AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY
DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH DOWNLOAD.
CAMPUSYAP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CAMPUSYAP
SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND CAMPUSYAP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR
ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAMPUSYAP,
ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS
SERVICE. UNDER NO CIRCUMSTANCES WILL CAMPUSYAP BE RESPONSIBLE FOR ANY DAMAGE,
LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR
USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMPUSYAP ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR
OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CAMPUSYAP, ITS AFFILIATES,
DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS,
LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE
AMOUNT YOU PAID TO CAMPUSYAP HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF CAMPUSYAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the United States.
CampusYap makes no representations that the Service is appropriate or available
for use in other locations. Those who access or use the Service from other
jurisdictions do so at their own volition and are entirely responsible for
compliance with local law, including but not limited to export and import
regulations. Unless otherwise explicitly stated, all materials found on the
Service are solely directed to individuals, companies, or other entities located
in the U.S.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by CampusYap without
restriction.
General
A. Governing Law. You agree that: (i) the Service shall be deemed solely based
in California; and (ii) the Service shall be deemed a passive one that does not
give rise to personal jurisdiction over CampusYap, either specific or general,
in jurisdictions other than California. This Agreement shall be governed by the
internal substantive laws of the State of California, without respect to its
conflict of laws principles. Any claim or dispute between you and CampusYap that
arises in whole or in part from the Service shall be decided exclusively by a
court of competent jurisdiction located in Los Angeles County, California.
B. Notification Procedures. CampusYap may provide notifications, whether such
notifications are required by law or are for marketing or other business related
purposes, to you via email notice, written or hard copy notice, or through
conspicuous posting of such notice on our website, as determined by CampusYap in
our sole discretion. CampusYap reserves the right to determine the form and
means of providing notifications to our Users, provided that you may opt out of
certain means of notification as described in this Agreement.
C. Entire Agreement/Severability. This Agreement, together with any other legal
notices and agreements published by CampusYap via the Service, shall constitute
the entire agreement between you and CampusYap concerning the Service. If any
provision of this Agreement is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force and
effect.
D. No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and CampusYap's failure to
assert any right or provision under this Agreement shall not constitute a waiver
of such right or provision.
Please Contact us at support@CampusYap.com with any questions regarding this
Agreement.