The Collegiate Commons (“The Collegiate Commons,” “we” or “our”) cares about your privacy and the security of your information
1. WHAT INFORMATION IS COLLECTED
We may collect several types of information about you in connection with the Services
Information You Provide to Us. There are a number of circumstances in which you supply us with personal information in connection with the Services, which include:
- Contact data, such as your name and e-mail address.
- Registration data, such as information you provide when you subscribe to or register for any of our Services.
- Marketing data, such as information related to your preferences for receiving communications, subscribing to our publications, newsletters and other content, completing surveys, or participating in market research.
- Communications, such as information you provide when you send us an email, pitch, submit content, post a comment, request information, or otherwise correspond with us.
- Demographic information, such as your class year, major, city, state, country of residence, postal code, gender and age.
- Transaction data, such as your order history, products you have purchased, and information needed to process and fulfill your order, including your order details and delivery address.
- Financial information, such as your payment card information. (Please note that a third party payment processor is responsible for all collection, processing, and storage of your Financial Information; at no time do we have direct access to or possession of any payment card information.)
- Content you choose to upload to the Services, such as text, images, audio, and video, along with metadata associated with files you upload.
Information We Automatically Collect About Your Use of the Services. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity occurring on or through our websites, such as:
- Device information: We may collect device identifiers and settings such as your computer or mobile device model, IP address, other unique device identifiers, operating system version, browser type, language, and settings, and device type and settings.
- Usage information: We may collect information about the Services you use, the time, date, and duration of your use of the Services, your interaction with content offered through the Services, our referring website, browsing and search history, site and advertisement interactions, and software crash reports. We may also collect information stored using cookies, mobile ad identifiers, and similar technologies set on your device. Our servers may automatically keep an activity log of your use of the Services. We may collect such usage information at the individual or aggregate level.
- Location information: We may collect and store your device’s source IP address, which may disclose the general location of your device at the time you access the Services and precise location derived from GPS-enabled services.
Information from Third Parties. We may receive information about you from third parties and combine it with information we receive from or about you. For example, when you interact with any The Collegiate Commons account on a social media platform, such as Facebook, Instagram, or Twitter, we may collect the personal information available from that platform or that you make available to us on that page or account, including your social media account ID, username, user ID, profile picture, and networks to which you belong, friends and connections and contact information.
Other Information We Collect. We also may collect other information about you, your device, or your use of the Services in ways that we describe to you at the point of collection. You may choose not to provide us with certain types of information, but doing so may affect your experience in using the Services.
2. HOW WE USE YOUR INFORMATION
Providing the Services. We use your information to enable your use of the Services, send you electronic newsletters, post content you submit, and improve the Services. We may also use your information to establish and maintain the Services, provide support, facilitate social features, enable and support security and fraud prevention features, communicate with you about the Services, and provide information about our Services. To enable us to provide these Services, we may use the information we collect to identify you across sessions, browsers, and/or devices.
Contacting and Communicating with You about our Services. We may contact or communicate with you (by email, phone, or other medium) concerning: information about any transactions; editorial newsletters and content; invitations to events; offers or announcements about our products or features; offers or announcements about our third party partners’ products or services; communications about your comments or information submissions; online surveys; and legal notices, policy updates, and other important information about the Services. All editorial and commercial email messages include instructions for unsubscribing from such future communications.
Content and Advertising Analytics. We may use your information to help us better understand your use of, and our delivery of, the Services, including content selection, delivery, and reporting; and advertising selection, targeting, delivery, and reporting.
Auditing and Tracking Our Delivery of Advertising. We may use your information to measure and report on the delivery of advertisements, including without limitation counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
Delivering Emails on Behalf of Advertisers or Third Party Partners. We may use your information, including the names and email addresses you provided to us subscribe to our newsletters or download certain content, to deliver marketing communications we believe may interest you on behalf of advertisers or third party partners regarding their products or services. (In such instances, we do not share our readers’ information directly with these companies). If you do not want your information used for this purpose, you can opt-out of such use by e-mailing us at firstname.lastname@example.org.
Facilitating Social Media Engagement. We may use your information to enable you to interact with The Collegiate Commons accounts on social media platforms and to help us determine which content or advertising to deliver to you on those platforms.
Providing Services to our Business Customers. We may use your information to facilitate the provision of services to business customers by 48U Studios, our sponsored content studio.
Learning about Our Users and Services. We conduct research on our users’ demographics, interests and behavior, including performing statistical analysis of our users, and their use of the Services. We do this to optimize and improve the Services, our products, and our operations. We may use the information from one aspect of the Services for other aspects of Services.
Research, Development, and Improving the Quality of our Services. We analyze use of the Services to analyze and improve the Services and to develop new products and services, including by studying user demographics and use of the Services.
Debugging. We may use your information to identify and repair errors that impair existing intended functionality.
To Aggregate Data or Create Anonymous Data. We may create aggregated, de-identified or other anonymous data records from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by excluding information (such as your name) that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
Information Security. We may use your information to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity.
Compliance with Law. We may use your personal information as required by law or if we in good faith believe that such action is necessary to comply with the law or legal process.
3. HOW WE SHARE YOUR INFORMATION
As described below, our information-sharing practices vary based on the type of information and the type of recipient.
Third-Party Service Providers. Third party agents and vendors perform functions on our behalf, including, but not limited to, hosting, content management tools, social media integration, marketing, analytics, and billing. These entities may have access to personal information if needed to perform their functions. If such access is required, the third parties will be obligated to maintain the confidentiality and security of that personal information. They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to The Collegiate Commons.
Third Party Business Partners. In order to access or download certain content sponsored by, we may ask you to provide certain information and for your consent to share that information with our third party business partners. Upon receiving your consent, we may share the information you provide with your business partners so that they can contact you regarding their products, services, or employment opportunities. These third parties’ use of your information will be based on their own privacy policies.
Law Enforcement, Legal Process, and Emergency Situations. In some cases, we may use or disclose your personal information to a third party if we are required to do so by law or if we in good faith believe that such action is necessary to comply with the law or legal process; to protect and defend our rights or to prevent misuse of our Services; or to protect the personal safety of our employees, directors, agents, partners, the users of the Services, or the public.
Professional Advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.
For Compliance, Fraud Prevention and Safety. We may share your personal information for the compliance, fraud prevention and safety purposes.
4. ONLINE TRACKING
What are Beacons? Web beacons (also called “web tags” or “pixels”) are tiny graphics or scripts that communicate information from your device to a server. Beacons can be embedded in online or mobile content, videos, advertisements, or emails. They allow a server to read certain types of information from your device, such as when you viewed the beacon (and thus the content in which it is embedded) and the IP address of the device on which you viewed the beacon. We and third parties use beacons for a variety of purposes, including to analyze the use of our Services and (in conjunction with cookies) to provide content and ads that are more relevant to you.
For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
5. THIRD PARTIES
The Services may contain links to other websites, mobile applications, and other online services operated by third parties, and other websites, mobile applications, and online services operated by third parties may contain links to our Services. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions of their privacy policies. Other websites and mobile applications follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites, mobile applications and online services you use.
In general, the information collected and generated by third parties is processed and stored by the third parties and will be subject to their respective privacy policies (which we do not control and for which we are not responsible). We do not control these third parties’ tracking technologies or the information they may collect.
6. PRIVACY CHOICES
There are a number of ways to opt out of having your online activity and device data collected by third parties, which we have summarized below. We hope you find this information to be a helpful reference. Please note that using these tools to opt out of tracking and targeting does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will exclude you, however, from interest-based advertising conducted through participating networks and platforms, as provided by their policies and choice mechanisms.
Blocking Cookies in Your Browser. Most web browsers automatically accept cookies, but also usually allow you to modify your settings to disable or reject cookies, including cookies for interest-based advertising. If you delete your cookies or if you set your web browser to decline cookies, however, some features of the Services may not work or may not work as designed. You can usually find these settings in the Options or Preferences menu of your browser; links to instructions provided by several of the most common browsers are below. You can also learn more at www.allaboutcookies.org.
- Cookie settings in Google Chrome
- Cookie settings in Firefox
- Cookie settings in Internet Explorer
- Cookie settings in Safari web and iOS.
Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
Advertising Industry Opt Out Tools. Many of the third party advertisers that use tracking or targeting tools in connection with our Services either directly, or are members of programs that, offer you additional choices regarding the collection and use of your information. You can learn more about the options available to limit these participating third parties’ collection and use of your information by visiting their websites:
- Opt Out of Interest Based Advertising (National Advertising Initiative)
- Your Ad Choices (Digital Advertising Alliance)
- Your Online Choices (European Interactive Digital Advertising Alliance)
Platform Opt Out Tools. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising.
- Google AdSense: This Services may use Google AdSense to deliver advertising. If you wish to opt-out of receiving personalized ads from Google AdSense, visit Google AdSense’s privacy controls interface.
- Google Analytics: The Services may use Google Analytics to track your usage, including the stitching of sessions. If you wish to opt-out of Google Analytics’ tracking, use this browser add-on provided by Google.
Using Privacy Plug-ins or Browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.
Do Not Track Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
7. CHILDREN’S PRIVACY
The Services are not intended for children under 13 years of age. We do not knowingly collect information from children under the age of 16 and we do not target the Services to children under the age of 16. If you are under 16 years of age, do not provide personal information to The Collegiate Commons without providing us with consent from your parents. If we discover that a child under the age of 16 has provided us with personal information and we do not have parental consent, we will delete that child’s information as soon as reasonably practicable. If you believe that company has been provided with the personal information of a child under the age of 16 without parental consent, please notify us immediately at email@example.com.
8. OTHER IMPORTANT INFORMATION
How Your Information Is Secured. We employ commercially reasonable controls to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information. You need to help protect the privacy of your own information. You must take precautions to protect the security of any personal information that you may transmit over any home networks, wireless routers, wireless (WiFi) networks or similar devices by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of your personal information. You are responsible for the security of your information when using unencrypted, open access or otherwise unsecured networks.
How Long Your Information Is Stored. The time period for which we keep information varies according to the purpose for which it is used for, but we may retain your information for as long as we provide you with the Services
Emails and Newsletters. You may always opt-out of receiving future e-mail marketing messages and newsletters from The Collegiate Commons by following the instructions contained within the emails and newsletters, or by e-mailing firstname.lastname@example.org.
9. QUESTIONS? Contact us at email@example.com.
Terms & Conditions
The Collegiate Commons (“The Collegiate Commons” or “We” or “Publisher”) owns and operates digital products including: the website https://www.thecollegiatecommons.com; newsletters and other content we deliver via email; and social media pages (collectively, the “Sites”).
Please note that our Sites are under constant development. This Agreement may therefore be modified and updated on an ongoing basis.
Access to the Sites is provided free of charge. Access to the Sites does not create a professional services relationship or any other relationship with The Collegiate Commons.
The Sites are provided solely for your personal, non-commercial use. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Sites nor transfer to or store any data residing or exchanged over the Sites in any electronic network for use by more than one user unless you obtain prior written permission from The Collegiate Commons. Specifically, unless explicitly authorized in these Terms & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Sites. For more information about requesting permission to reproduce or distribute materials from the Sites, email firstname.lastname@example.org.
The Collegiate Commons and the Sites, and all other text and images contained on the Sites and in Publisher’s non-digital products are protected by United States trademark and copyright law and other applicable law and are the property of The Collegiate Commons, except as otherwise identified. All copyrights and trademarks not the property of The Collegiate Commons that are used or referred to in the Sites and Publisher’s non-digital products are the property of their respective owners. Nothing contained in the Sites or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of The Collegiate Commons or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the Sites or other products may violate the law. If you are a copyright owner and believe infringing material is present on any of the Sites, please refer to the procedures outlined below in the section titled “DMCA Copyright Infringement Claim Policy.”
Publisher’s products, including third party and licensed materials on the Sites, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from The Collegiate Commons.
User Submission Policy
Some of the Sites may allow users to upload, submit, and/or post images, text, video, comments, letters to the editor, e-mails, or other data and information (“User Submissions”). By uploading, creating, or submitting User Submissions to or on the Sites, or to The Collegiate Commons through any other means:
- You affirm, represent and warrant that you own the right to utilize, to license and to sublicense the User Submissions;
- You grant to The Collegiate Commons, and anyone authorized by The Collegiate Commons, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the User Submissions in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the Sites and/or services provided;
- You grant to each user of the Sites a non-exclusive license to access the User Submissions through the Sites and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Sites and under this Agreement; and
- You acknowledge and agree that User Submissions may be permanently maintained on Publisher’s servers.
- You acknowledge that The Collegiate Commons is not responsible for, and cannot prevent, the publication or use of your User Submissions by any third parties who copied your User Submissions during the time in which it was displayed on the Sites.
For any User Submissions you post that you do not own, you guarantee to us that you have the legal right to post such User Submissions and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST USER SUBMISSIONS ON THE SITES YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE USER SUBMISSIONS, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO USER SUBMISSIONS.
Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:
- Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
- Post or transmit any User Submission that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
- Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
- Impersonate any person or entity (including a Site agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Sites for such purpose;
- Disseminate or transmit any User Submission that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Sites, or servers or networks connected to the Sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
- Express or imply that any statements you make are endorsed by us;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
- Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Sites or the contents (except as expressly permitted by The Collegiate Commons);
- Remove any copyright, trademark or other proprietary rights notices contained in the Sites;
- “Frame” or “mirror” any part of the Sites; or
- Engage in any other activity deemed by The Collegiate Commons to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.
You understand that by using the Sites, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.
Content and Non-Endorsement
Opinions and other statements expressed by users and third parties are theirs alone, not opinions of The Collegiate Commons. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites, and various resources or locations on the web. The Collegiate Commons has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.
DMCA Copyright Infringement Claim Policy
The Collegiate Commons respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. The Collegiate Commons has the right to prohibit infringers from using our Sites.
If you believe your work has been copied and posted on or through the Sites in a way that constitutes copyright infringement, please send Publisher’s Copyright Agent a notification of claimed infringement with all of the following information:
(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sites (providing the URL(s) of the claimed infringing material satisfies this requirement);
(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
(f) your physical or electronic signature.
Publisher’s Copyright Agent for notification of claimed infringement can be reached as follows: Business Manager, The Collegiate Commons, 435 E. Grand River Ave, East Lansing, MI 48823, (517) 435-3145, email@example.com.
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, The Collegiate Commons will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on the Sites. No personal user information is shared with the copyright owner unless required by law.
If The Collegiate Commons receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” The Collegiate Commons reserves the right to terminate the access of “repeat copyright infringers.”
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with Publisher’s designated agent.
To be effective, a Counter-Claim must be a written communication provided to Publisher’s designated agent and must include the following information:
(a) A physical or electronic signature of the user;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) The user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a DMCA Counter-Claim, The Collegiate Commons will provide the complaining party with a copy of the DMCA Counter-Claim. When Publisher receives a Counter-Claim that meets the requirements of the DMCA, The Collegiate Commons will process the Counter-Claim in accordance with the requirements of the DMCA.
Limitation of Liability and Us
The Collegiate Commons has worked to ensure the accuracy of the information it provides through its products and services, including through the Sites. This information frequently relies on data obtained from many sources, however, and The Collegiate Commons cannot guarantee the accuracy of the information provided or any analysis based thereon.
YOU EXPRESSLY AGREE THAT THE USE OF Publisher’s PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND The Collegiate Commons MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Collegiate Commons DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM The Collegiate Commons, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM The Collegiate Commons NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXCEPT AS OTHERWISE STATED, The Collegiate Commons MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITES OR ANY WEBSITE LINKED TO THE SITES. YOU AGREE THAT NEITHER The Collegiate Commons, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER The Collegiate Commons NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
The Collegiate Commons AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER The Collegiate Commons WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, Publisher’s LIABILITY, AND THAT OF ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.
The Collegiate Commons assumes no responsibility or liability arising from the content of the Sites nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Sites or accessed through the Sites. The Collegiate Commons also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Sites are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our Sites periodically, we do not have a duty to update information contained in our Sites, and we will not be liable for any failure to update such information.
The Sites make no representation that information content provided on Sites is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
You agree to indemnify, defend and hold The Collegiate Commons, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of these Terms & Conditions; (b) any allegation that any User Submissions infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.
Special Agreement on Fee-Shifting and Choice of Law
If you attempt to bring any legal action against The Collegiate Commons based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or The Collegiate Commons does prevail, you will reimburse The Collegiate Commons for any costs and attorneys fees associated with their defense of the action.
The use of the Sites and any claim or dispute relating to the Sites shall be governed by the laws of the State or Commonwealth of Indiana, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the State or Commonwealth of Indiana. Use of the Sites is unauthorized in any jurisdiction that does not affect all provisions of these Terms & Conditions, including without limitation this paragraph.
If any provision or portion of these Terms & Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.