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CampusPlaybook Web-Site Terms and Conditions

Any user that accesses all or any part of the CampusPlaybook web site located at www.campusplaybook.com (the "Site"), whether or not a registered user, agrees that use of the Site constitutes acceptance of these Terms and Conditions and the Privacy Policy for the Site. Each time a user accesses the Site, the Terms and Conditions and the Privacy Policy should be reviewed because CampusPlaybook reserves the right to change them from time to time without notice. Your continued use of the Site after such changes have been made constitutes your acceptance of such changes

Use Prohibited by Users Under 18; Site Access and Security

The Site and the services provided on and through the Site (the "Services") may not be accessed or used by any individuals that are not at least eighteen years old. By accessing and using the Site you represent and warrant that you are at least eighteen years old. In addition, registration on and use of the Site is void where prohibited.

You agree to be responsible for the security and confidentiality of your password and identification needed to post events and edit information about your group. You agree that you are responsible for all uses of and action taken with your password and identification, irrespective of whether used by you personally.

User Representations and Warranties

You represent and warrant to all of the following:
1. Your use of the Site and the Services is for your personalized, non-commercial use.

2. All content and materials that you submit or provide or that is submitted or provided through your account shall be accurate, complete and true and you will promptly update and delete such information, content and materials as necessary to keep it current, accurate, complete and true.

3. The content and materials submitted through your account or provided by you shall not be threatening, inflammatory, harassing, abusive, obscene, racially or ethnically or otherwise objectionable, libelous, defamatory, contain any pornography, involve any type of solicitation for a sweepstakes or contest or in any way violate any applicable United States, international, state or local laws, regulations or orders.

4. The posting on the Site or providing through use of the Services of the content and materials submitted through your account or provided by you shall not violate any contractual rights of any third party or infringe upon any copyright, trademark, privacy, intellectual property or proprietary rights of any third party.

5. All information in your user account shall be accurate and truthful. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any group, person or entity.

6. You shall not use the Site to post, transmit, distribute or share any advertisements, solicitations, promotions, "junk mail," "spam", "pyramid schemes", "chain letters" or similar materials or communications.

7. You shall not solicit or attempt to obtain in any manner any personal information from anyone under eighteen years old.

8. You shall not make publicly available or distribute to any third party any personally identifiable or credit information about any user of the Site or the Services, including, without limitation, addresses, phone numbers, e-mail addresses, credit card numbers and social security numbers.

9. You shall not impair, disable or otherwise adversely affect the Site or the Services or the functionality or operation of the Site or the Services, including, posting or uploading any materials that contain viruses, code, files or programs. You shall not use any spiders, automated programs, scripts, robots or any similar devices that either obtain information from the Site or affect the Services.

Ownership of Site Content

All information, content, and data (including, without limitation, designs, text, graphics, pictures, video, music, and sound and their format, arrangement and selection) (the "Site Content"), provided by CampusPlaybook, its licensors and the users of the Site, on the Site is owned by CampusPlaybook, its third party providers and such users, with all rights reserved. CampusPlaybook and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with CampusPlaybook or obtaining CampusPlaybook's express written permission. Any unauthorized use of any materials on the Site may violate copyright, trademark and other laws. However, you may download or print one copy of any portion of the Site Content solely for your personal, non-commercial use, provided that such copy has all proprietary and copyright notices posted with such content. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database. The use of any data mining, robots or any type of data gathering or extraction methods on the Site is prohibited. The name of the Site and the designs and icons of the Site are trademarks of CampusPlaybook, and may not be copied, used or imitated, without the prior written permission of CampusPlaybook.

User Content

You are solely responsible for all content, including, without limitation, all videos, profiles, photos, information, listings, promotions, advertisements, and messages, that are provided, posted or uploaded on the Site or transmitted to other users by you or through your account. (collectively, the "User Content"). You agree that CampusPlaybook has the right, in its sole discretion, but not the obligation, to delete at any time any and all User Content posted, uploaded or transmitted by you without providing any notice to you. 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 the Company.

You hereby grant a worldwide, perpetual, transferable, non-exclusive, fully paid, royalty-free and irrevocable license to CampusPlaybook (with a right to sublicense to third parties) to all User Content for use by CampusPlaybook for any purpose in connection with the Site and the promotion and marketing of the Site, including, without limitation, the right to publicly display, copy, publicly perform, reformat, translate and excerpt, and to use in advertisements, promotions and commercial purposes. You authorize and grant a worldwide, perpetual, transferable, non-exclusive, fully paid, royalty-free and irrevocable license to CampusPlaybook to develop and create derivative works of the User Content and incorporate the User Content into other works and to sublicense to third parties such rights to develop, create and incorporate the User Content.

Disclaimers; Limitation of Liability

CampusPlaybook does not guarantee or warrant that the Site or the Services will be uninterrupted, without delay, error-free, omission-free, or free of viruses.

THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED "AS IS". CAMPUSPLAYBOOK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE CONTENT OR THE SERVICES OR THE RESULTS TO BE OBTAINED FROM USING THE SITE CONTENT AND THE SERVICES. CAMPUSPLAYBOOK (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) SHALL HAVE NO LIABILITY WITH RESPECT TO ANY USER'S USE OF THE SITE, THE SERVICES AND THE SITE CONTENT OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE SITE, THE SERVICES OR THE SITE CONTENT. CAMPUSPLAYBOOK (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) SHALL HAVE NO LIABILITY WITH RESPECT TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN PROVIDING THE SITE, THE SERVICES OR THE SITE CONTENT. CAMPUSPLAYBOOK (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT TO THE EXTENT RESTRICTED IN CERTAIN JURISDICTIONS, IN NO EVENT SHALL CAMPUSPLAYBOOK (ITS OFFICERS, DIRECTORS, AND EMPLOYEES AND ITS LICENSORS AND THIRD PARTY PROVIDERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES OR THE SITE CONTENT OR ANY CONTENT ACCESSED BY USE OF THE SITE OR THE SERVICES. IN THE EVENT THAT CAMPUSPLAYBOOK (ITS OFFICERS, DIRECTORS, OR EMPLOYEES OR ITS LICENSORS OR THIRD PARTY PROVIDERS) ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE, THE SERVICES OR THE SITE CONTENT, IN NO EVENT SHALL CAMPUSPLAYBOOK'S (ITS OFFICERS', DIRECTORS' AND EMPLOYEES') AGGREGATE LIABILITY TO ANY USER EXCEED TEN DOLLARS ($10.00).

Indemnification

You agree to indemnify and hold harmless CampusPlaybook, its affiliates, officers, directors, employees, licensors and third party providers (individually and collectively, the "Indemnified Parties") from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including reasonable attorney's fees and court costs) that the Indemnified Parties may incur arising out of or relating to (i) the breach of any of the user representation and warranties contained in these Terms and Conditions, (ii) any information, material or content posted, provided or uploaded on the Site or the Services by you or through your account or (iii) any use of the Site or the Services by you or through use of your account.

Infringing Material

If you believe that any content or materials on the Site or provided through use of the Services infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below.

CampusPlaybook has designated Howard Schwartz, Esq. as its agent under the Digital Millennium Copyright Act for the receipt of any Notification of Claimed Infringement that may be given under such Act. Howard Schwartz may be reached by mail at CampusPlaybook, Inc., c/o Wolff & Samson PC, One Boland Drive, West Orange, New Jersey 07052, by phone at 973-530-2031, by fax at 973-530-2231, or email at hschwartz@wolffsamson.com.

The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CampusPlaybook to locate the material.

(iv) Information reasonably sufficient to permit CampusPlaybook to contact the complaining party, such as an address, telephone number and if, available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

Links

Any and all links to other web-sites contained in the Site are provided for the convenience of those who wish to access other web-sites quickly and efficiently. CampusPlaybook is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other web-sites or provider(s) of any information contained on any web-sites that link to the Site and has no responsibility for the use and privacy of user's information on any web-sites that are linked to or from the Site.

Governing Law; Venue

All disputes and claims arising out of or relating to the Site, the Site Content, these Terms and Conditions or the Privacy Policy, including, without limitation, tort claims, shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You acknowledge and agree that CampusPlaybook has the right to seek injunctive relief (including preliminary and temporary relief) to protect its proprietary rights or to prevent any unauthorized use of the Site or the Site Content, without the posting of any bond. You and CampusPlaybook waive any and all rights to a jury trial. You agree that the sole jurisdiction and venue for resolving all claims and disputes is New York and you waive any defenses of inconvenient forum or lack of personal jurisdiction.

General

These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and CampusPlaybook regarding the use of the Site, the Services and the Site Content. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. CampusPlaybook's failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.

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