End User License Agreement

Abuzz Terms of Use

Last Modified: September 5, 2019

  1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and College Town Insider LLC (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of the https://www.campusabuzz.com/ website and Company’s “Abuzz” mobile application (collectively, the “App“), including any content, functionality, and services offered on or through the App, whether as a guest or a registered user.

By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at www.campusabuzz.com/privacy If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

The App is offered and available to users who are 16 years of age or older, are or were enrolled to attend an applicable college or university, and reside in the United States. By using the App, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the App.

  1. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the App thereafter.

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You should check back from time to time so you are aware of any changes.

  1. Accessing the App and Account Security

Although we will use reasonable efforts to make the App available on a regular basis, we reserve the right to withdraw or amend the App or any of its contents, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.

To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with the App or otherwise, including, but not limited to, through the use of any interactive features on the App, is governed by our Privacy Policy www.campusabuzz.com/terms and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if we have determined that you have violated any provision of these Terms of Use.

  1. Intellectual Property Rights

Except for User Contributions (as defined below), the App and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as may be necessary to access and view those materials for your personal and non-commercial use, or as we may otherwise agree in writing. You also may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App.

If you wish to make any use of material on the App other than as set out in this section, please address your request to: info@campusabuzz.com.

If you breach these Terms of Use, your right to use the App will stop immediately. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  1. Trademarks; Affiliation with Company

The Company name, the ABUZZ trademarks (including the text mark and bee logo design), and all related names, logos, product, and service names, designs, graphics, and slogans are intellectual property owned by the Company or its licensors. You may not use such intellectual property without the prior written permission of the Company.

You are prohibited from stating or suggesting that you are affiliated with or endorsed by Company without the prior written permission of the Company (e.g., through a separate agreement for Company ambassadors).

  1. Community Guidelines

The App is intended to be a positive place to share and learn information relevant to the college experience. We therefore expect users to treat other users with respect and act appropriately. To help ensure the App fulfills its intent, you agree not to use the App (or information obtained from the App) to:

  • Abuse, bully, harass, harm, or intimidate anyone, or encourage such behavior.
  • Violate the privacy rights of others, such as by posting personal information of another user or third party (e.g., private photos and videos, personal phone numbers, email addresses, or mailing or residential addresses).
  • Engage in activity or post content that is sexually explicit or patently offensive.
  • Engage in or promote hate speech or discrimination based on race, sex or gender identity, religion, nationality, disability, sexual orientation, or age.
  • Promote or glorify self-harm or other violence.

The foregoing is collectively referred to as our “Community Guidelines.” If you are the subject of, or witness to any violations of these Community Guidelines, please contact us at info@campusabuzz.com.

  1. Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

  • In any way that violates the Community Guidelines.
  • In any way that violates any applicable law or regulation.
  • In any way that violates the intellectual property rights of any person or entity.
  • To deceive any person, such as by providing false, inaccurate, or misleading information.
  • For the purpose of exploiting, harming, or attempting to exploit or harm any person.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To compile, directly or indirectly, a collection, compilation, database, or directory.

Further, you may not:

  • Lease, loan, trade, sell/re-sell, or otherwise monetize the App or your account, or any related data or access to the App.
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability.
  • Use the App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the App, including their ability to engage in real-time activities through the App.
  • Use any robot, spider, or other automatic device or process to access the App for any purpose, including monitoring or copying any of the material on the App.
  • Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the App.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, reverse engineer, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.
  • Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the App or its security features.
  1. User Contributions

The App contains interactive features that allow registered users to post, submit, publish, display, and transmit to other users or other persons (hereinafter, “post“) content, including comments and other text, videos, photos, graphics, and other materials (collectively, “User Contributions“) on or through the App.

All User Contributions must comply with the Community Guidelines.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the App, you grant us the unrestricted and perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant us the license granted above.
  • All your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the App.

  1. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use (including without limitation the Community Guidelines), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to investigate third-party complaints, such as complaints related to intellectual property rights or privacy rights.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
  • Terminate or suspend your access to all or part of the App without notice and for any or no reason in our sole discretion, including without limitation for any violation of these Terms of Use.

Please note that we cannot review all material before it is posted on the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding posts by any user or third party.

Complaints concerning posts may be sent to complaints@campusabuzz.com.

  1. Copyright Infringement

If you believe that any content accessible on or from the App infringes your copyright, you may request removal of that content (or access to it) under the Digital Millennium Copyright Act (“DMCA”) by providing a written notice to our copyright agent containing the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed;
  • Identification of the allegedly infringing material and where that material is located on the App, in a sufficiently precise manner to allow us to locate the material;
  • Your name, address, telephone number, and email address;
  • 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;
  • A signed statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Attention: Copyright Agent
College Town Insider LLC
185 Dartmouth Street, 7th Floor
Boston, MA 02116
Email: DMCA@CampusAbuzz.com

It is the policy of the Company to terminate the user accounts of repeat infringers.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing exposes themselves to the risk of liability for damages, including costs and attorney fees. Please also note that we may, at our discretion, share a copy of your notice with third parties, potentially including media organizations and database operators such as Lumen. These third parties pay further publish your notice.

  1. Reliance on Information Posted

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

The App includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all posts and responses to posts and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

  1. Changes to the App

We may update the content on the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

If you provide suggestions or other feedback regarding the App, we may use and share such feedback for any purpose without compensation or credit to you.

  1. Information About You and Your Visits to/Use of the App

All information we collect from and about you through the App is subject to our Privacy Policy www.campusabuzz.com/privacy By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Linking to the App

You may link to our homepage, https://www.campusabuzz.com/, or reference our mobile application—such as where it is available for download—provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Subject to the foregoing, you must not:

  • Cause the App or portions of it to be displayed on, or appear to be displayed by, any other site (e.g., by framing).
  • Link to any part of the App other than the homepage.
  • Otherwise take any action with respect to the materials on the App that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

  1. Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Geographic Restrictions

Company is based in the United States. We provide the App for use only by people located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES LINKED FROM IT, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its members, managers, officers, affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

  1. Governing Law; Dispute Resolution; Venue; Time Limit to File Claims

All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule.

Any disputes or claims will be settled by arbitration administered by confidential arbitration through the American Arbitration Association (“AAA”), before a single arbitrator in Boston, Massachusetts, and in accordance with the AAA’s Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

Nothing in these Terms of Use prohibits a party from seeking immediate injunctive relief from a court.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE THE CAUSE OF ACTION OR CLAIM IS BARRED.

  1. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  1. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App. If you have any questions or would like to request additional information, you may contact us at info@campusabuzz.com.