Application Terms and Conditions of Use

LAST UPDATED – JULY 8, 2011


Disclaimer

You acknowledge by using this website that these tools are for entertainment purposes only and should not be the only variable in you decision-making process.

  1. User's Acknowledgment and Acceptance of Terms

    Splash Networks Inc. ("Us" or "We") provides the CampusSplash website and various related services (collectively, the "application") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us and you. Use of the application is subject to the terms of our Privacy Policy found at [URL], which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the application, you agree to be bound by the terms of our Privacy Policy.

    PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF OUR TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THE APPLICATION AND DO NOT ACCESS OR USE THE APPLICATION.


    We may, in our sole discretion, modify the Terms of Use with or without notice to you. The “Last Updated” date at the top the Terms of Use will indicate when the latest modifications were made. By continuing to access and use the application after the Terms of Use are modified, you agree to such modifications. Therefore, you should review the Terms of Use prior to each use of the application.

    In addition, when using particular services or features application, you will be subject to any posted guidelines or policies applicable to such services or features or that may be posted from time to time, including but not limited to the Terms of Use and Privacy Policy as noted below. All such guidelines or policies are hereby incorporated by reference into these Terms of Use.

    As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this application and/or its contents.
  2. Description of Services

    We make various services available on this application including, but not limited to, providing college admission information for entertaining purposes. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access). We reserve the sole right to either modify or discontinue the application, including any of the application’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this application shall also be subject to these Terms of Use.

  3. Registration Data and Privacy

    In order to access some of the services on this application, you will be required complete our online profile form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree ( a) to provide true, accurate, current and complete information about yourself as prompted by the application; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or We have reasonable grounds to suspect that such information is false, inaccurate or outdated, We have the right to suspend or terminate your account and prohibit any and all current or future use of the application (or any portion thereof) by you.

    You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this application, including your Registration Data, is subject to our Privacy Policy.

  4. Conduct on Application

    Your use of the application is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the application. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

    1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
    2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
    3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
    5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
    6. impersonates any person or entity, including any of our employees or representatives.
    We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the application. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this application. However, We and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our application, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
    In addition, You may not do any of the following while accessing or using the application:
    1. access, tamper with, or use non-public areas of the application, our computer systems, or the technical delivery systems of our providers;
    2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    3. access or search or attempt to access or search the application by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us;
    4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the application to send altered, deceptive or false source-identifying information; or
    5. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, using robots, spamming, mail-bombing the application, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the application.
    You further agree that you will not access application by any means except through the interface provided by Us for access to the application. Creating or maintaining any link from another source without the prior authorization of Us is prohibited. Running or displaying the application, or any information or material displayed in the application in frames or through similar means on another website or application without the prior authorization of Us is prohibited. Any permitted links to this application must comply with all applicable laws, rule and regulations.

    You agree to use the application only for lawful purposes and that you are responsible for your use of and communications and content you post via the application.

    You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our application without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other applications, including cooperating with law enforcement authorities in investigating suspected criminal violations.
  5. Third Party Applications and Information

    This application may link you to other applications or sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These applications and websites may contain information or material that some people may find inappropriate or offensive. These other applications and websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such applications, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the application or party by us, or any warranty of any kind, either express or implied. You will use these links at your own risk.

  6. Intellectual Property Information

    You acknowledge that all materials on the application, including the application’s design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Us or our licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners. We authorize you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Use, you may not copy, reproduce, distribute, republish, download, reverse engineer, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Us or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described in the application are the sole property of Us and/or our licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Us and/or our licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Us and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Us. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.

    For the avoidance of doubt, your use of the application is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through these Terms of Use or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the application are either the property of Us or our Affiliates or licensors. We retain the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of this Agreement, the license shall also terminate and all rights shall revert to Us without the taking of action on the part of either party. All rights not expressly granted herein by Us to you are fully reserved by Us, our advertisers and licensors.

    Some of the company and product names, logos, brands, and other trademarks featured or referred to within the application may not be owned by Us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, Us, or the application. You retain your rights to any Content you submit, post or display on or through the application. By submitting, posting or displaying Content on or through the application, you grant Us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed).

    You agree that this license includes the right for us to make such Content available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such content on other media and services, subject to our terms and conditions for such content use.

    Such additional uses by Us, or other companies, organizations or individuals who partner with Us, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the application.

    You agree that We have the right to repurpose your Content to make changes to the application, correct inaccuracies, promote the application to others, or for any other purpose in our discretion. Therefore, you acknowledge and agree that Content you create via the application may be used in the future by us.

    For purposes of these Terms of Use the term “Content” includes, without limitation, any information, data, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the application.

  7. Unauthorized Use of Materials

    Subject to our Privacy Policy, any communication or material that you transmit to this application or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

    Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

    We respect the intellectual property of others, and we ask you to do the same. If you or any user of this application believes its copyright, trademark or other property rights have been infringed by a posting on this application, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

    1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
    2. Identification of the copyrighted work claimed to have been infringed.
    3. Information describing where the allegedly infringing material is located on the application.
    4. Your address, telephone number, and email address.
    5. A written 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.
    6. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
    The foregoing information may be emailed to [EMAIL ADDRESS] or mailed to our Copyright Agent at the following address:

    Copyright Agent – Splash Networks
    [ADDRESS]
    [CITY, STATE ZIP]


    You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our application without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  8. Disclaimer of Warranties and Limitations of Liability.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, WE AND OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “SPLASH MEDIA PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPLASH MEDIA PARTIES MAKE NO WARRANTY THAT: (I) THE APPLICATION WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE APPLICATION (WHETHER FROM US OR ANY THIRD PARTY) WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE APPLICATION WILL BE CORRECTED.

    THE SPLASH MEDIA PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION; OR (V) FOR ANY OTHER MATTER RELATING TO THE APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE SPLASH MEDIA PARTIES AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE APPLICATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

    NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE SPLASH MEDIA PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE LOWER OF: (A) THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US DIRECTLY VIA THE APPLICATION, OR (B) TEN DOLLARS.

    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

  9. Indemnification

    Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this application. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  10. Security and Password

    You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

  11. Participation in Promotions

    From time to time, this application may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this application. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

  12. E-mail, Messaging, Blogging, and Chat Services

    We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our application, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

    We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

    We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

    Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

  13. International Use

    We make no representation the application or products or services described or offered via the application are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Use comply with the laws of any other country. Visitors who use the application and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not the application from any territory where its contents are illegal, and that you, and not Us or our Affilliates, are responsible for compliance with applicable local laws.

  14. Termination of Use

    You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the application with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

    Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this application immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this application. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

    Notwithstanding any termination or suspension, you will continue to be subject to the certain applicable terms of these Terms of Service including but not limited to “Intellectual Property Information,” “Disclaimer of Warranties and Limitations of Liability,” “Indemnification,” and “Governing Law”.

  15. Governing Law

    Your use of the application is governed by and will be enforced under the laws of the State of Delaware without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the District of Columbia. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE AGREEMENT INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE APPLICATION, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

  16. Notices

    All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at allen@splashDC.com, if by email, or at Splash Networks NONE if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the application to inform you of changes to the application or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

  17. Entire Agreement

    These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this application is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

  18. Miscellaneous

    In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

    You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

    You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this application, or use of or access to this application.

    In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our application arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

    If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

    Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

  19. Contact Information

    Except as explicitly noted on this application, the services available through this application are offered by Splash Networks, a corporation, located in the state of Delaware. If you notice that any user is violating these Terms of Use, please contact us at allen@splashDC.com.

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