Please read these Terms of Use (“Terms”) carefully before using the Campusvine Service.
These Terms include Heuretix’s Privacy Policy which is incorporated by reference into these Terms.
Binding Agreement. These Terms constitute a binding agreement between you and Heuretix Software Inc. and its affiliates and subsidiaries (“Heuretix,” “we,” “us”). “You” and “users” shall mean all visitors to the Campusvine Service. You accept these Terms each time you access the Campusvine Service. If you do not accept these Terms, you must not use the Campusvine Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Campusvine Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Campusvine Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children. No part of the Campusvine Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE CAMPUSVINE SERVICE AT ANY TIME OR IN ANY MANNER.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on the Campusvine Service.
The “Campusvine Service” means the website located at http://www.campusvine.com/ and any associated mobile applications or Internet services under Heuretix’s control, whether partial or otherwise. The Campusvine Service provides an online platform that enables students to budget, plan and promote their events.
Accuracy of Event Information. Users provide event information to us. We do not warrant that event descriptions or details are accurate, complete, reliable, current, or error-free. All descriptions and details are subject to change at any time without notice.
Accuracy of Information from Educational Institution. Educational institutions may supply some information regarding users, such as organizational affiliation or leadership roles. We do not warrant that user information we receive from educational institutions is accurate, complete, reliable, current, or error-free. All such information is subject to change at any time without notice. If you believe such information is incorrect, please contact your educational institution to correct it.
Sending Messages. You may use the Campusvine Service to send an email message to others to invite them to use the Campusvine Service. Depending on your role in an organization, you may also be able to send email messages to members of organizations. You acknowledge and agree that you will send messages only to individuals who have given you their express permission to be contacted.
You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the Campusvine Service. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the Campusvine Service by visiting the following websites:
You agree that your use of the Campusvine Service shall not include sending unsolicited marketing messages or broadcasts (i.e. spam).
You agree that if you create an account and use the Campusvine Service on behalf of an educational institution or student organization, you have the necessary legal authority and capacity to do so as an authorized agent of the educational institution or student organization.
Your Log-In Credentials. You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Heuretix immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your account. You agree that Heuretix will not be liable for any loss or damage arising from unauthorized use of your credentials.
You agree to receive email from us at the email address you provided to us for customer service related purposes.
Electronic Notices. By using the Campusvine Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Campusvine Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Campusvine Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at support@campusvine.com.
The contents of the Campusvine Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Heuretix content (collectively, “Heuretix Content”). All Heuretix Content and the compilation (meaning the collection, arrangement, and assembly) of all Heuretix Content are the property of Heuretix or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Campusvine Service and the Heuretix Content solely for the use of Heuretix’s services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Heuretix Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Heuretix Content on any copy you make of the Heuretix Content.
Heuretix Marks. “Heuretix,” the Heuretix logo, and other Heuretix logos and product and service names are or may be trademarks of Heuretix (the “Heuretix Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Heuretix Marks.
Heuretix Claims No Ownership. The Campusvine Service may provide you with the ability to create, post, or share content (“Your User Content”). Heuretix claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Campusvine Service. You are responsible for protecting those rights.
Heuretix’s Use of Posted Content on the Campusvine Service. By creating, posting, or sharing Your User Content on or through the Campusvine Service, and subject to Heuretix’s Privacy Policy, you grant Heuretix a transferrable, world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your User Content for any purpose without compensation to you, including for the purpose of promoting Heuretix and our services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. We reserve the right to refuse to accept, post, display, or transmit any User Content in our sole discretion.
You Acquire No Ownership of Others’ Content. You understand and agree that you will not obtain, through use of the Campusvine Service, any right, title, or interest (including intellectual property rights) in content delivered via the Campusvine Service.
Data Ownership. Heuretix owns the data and information posted on or through the Campusvine Service, except as may be determined in separate agreements Heuretix may have with educational institutions.
You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Campusvine Service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through the Campusvine Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content on the Campusvine Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on the Campusvine Service. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Campusvine Service infringe your copyright, you (or your agent) may send Heuretix a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Heuretix a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Campusvine Service should be sent to [211-02 75th ave. Suite 5L, Bayside, NY 11364] ([dmca@campusvine.com]). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
We appreciate hearing from our users and welcome your comments regarding the Campusvine Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Campusvine Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content and the information you post on the Campusvine Service. Heuretix does not endorse any, nor is it responsible for, User Content on the Campusvine Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation. We are not responsible or liable for any results or consequences resulting from Your User Content or any information you post to the Campusvine Service.
You agree to use the Campusvine Service only for its intended purpose. You must use the Campusvine Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Campusvine Service are prohibited. You and Your User Content may not:
We reserve the right to suspend or terminate your account and prevent access to the Campusvine Service for any reason, at our discretion. We reserve the right to refuse to provide the Campusvine Service to you in the future.
Heuretix may review and remove any User Content at any time for any reason, including activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Campusvine Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Campusvine Service.
Changes to the Campusvine Service. We may change, suspend, or discontinue any aspect of the Campusvine Service at any time, including hours of operation or availability of the Campusvine Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Campusvine Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Heuretix of all claims, demands, and damages in disputes among users of the Campusvine Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Campusvine Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Campusvine Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Campusvine Service. Use the Campusvine Service at your own risk.
Third-Party Websites and Applications. The Campusvine Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Campusvine Service.
Released Parties Defined. “Released Parties” include Heuretix and its affiliates, officers, employees, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE CAMPUSVINE SERVICE IS AT YOUR SOLE RISK, AND THE CAMPUSVINE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE CAMPUSVINE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE CAMPUSVINE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE CAMPUSVINE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CAMPUSVINE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE CAMPUSVINE SERVICE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CAMPUSVINE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEURETIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CAMPUSVINE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE CAMPUSVINE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE CAMPUSVINE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE CAMPUSVINE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CAMPUSVINE SERVICE OR YOUR USE OF HEURETIX CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Heuretix Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and Heuretix concerning your use of the Campusvine Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
These Terms and the relationship between you and Heuretix shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and Heuretix agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Campusvine Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in New York, New York. You covenant not to sue Heuretix in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Campusvine Service or these Terms:
