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Campus Cellect, Inc. ("Campus Cellect") operates Noozhoo (the "Site"), to provide online access to information about Noozhoo and the products, services, and opportunities available through the Site(the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement." Campus Cellect reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Campus Cellect products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Campus Cellect reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use. Campus Cellect provides market creation, merchandising, and transaction services through Noozhoo. THE HANDLING AND DELIVERY OF MERCHANDISE AND SERVICES IS THE RESPONSIBILITY OF THE SELLER. THE BUYERS ARE INSTRUCTED TO KNOW THEIR MERCHANTS AND SEEK REFERENCES AND REFERRALS THROUGH THE COMMUNITY AND NETWORKS, AND OTHER AVAILABLE SOURCES. CAMPUS CELLECT DOES NOT DISTRIBUTE OR SHIP PRODUCT, HANDLE DISPUTES BETWEEN BUYERS AND SELLERS, OR PROVIDE PRODUCT SUPPORT IN ANY WAY.
The Site and the Content are protected by U.S. copyright laws, and belong to Campus Cellect or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Campus Cellect or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. You may not manipulate or alter in any way images or other Content on the Site without specific permission from Campus Cellect or the copyright owner.
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Campus Cellect of the third party, the third-party web site, or the information contained therein. Campus Cellect is not responsible for the availability of any such web sites. Campus Cellect is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Campus Cellect affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.
Unless specifically authorized by Campus Cellect, you may not create links or connect "deep links" to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
Campus Cellect cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
You acknowledge and agree that by using the Noozhoo Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Campus Cellect be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Noozhoo Service.
You expressly acknowledge and agree that Campus Cellect may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Campus Cellect, its users and the public. You acknowledge and agree that the technical processing and transmission of the Noozhoo Services, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Campus Cellect with regard to its users may be disclosed in accordance with Campus Cellect's Privacy Policy.
Be aware that while the Noozhoo Service is intended for general audiences, because users are responsible for posting content, offensive or adult material may appear on the Noozhoo Service from time to time despite our best efforts.
In cases where you have authorized a minor to use the Noozhoo Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available.
YOU ACKNOWLEDGE THAT SOME AREAS OF THE NOOZHOO SERVICE MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
Noozhoo depends on its users to locate and flag material which may be inappropriate, however because Campus Cellect does not (and could not, given the volume of material) screen content, Campus Cellect will not be responsible for offensive or adult material posted by users.
Campus Cellect does not screen content, so will not be held responsible if you publish offensive or adult content. If you publish material that may be considered "offensive" or "adult" material, including any images containing nudity or any material which may be considered obscene or offensive, you take responsibility for any damages arising from your inclusion of this content. If you fail to do so, and Campus Cellect is notified of the material, Campus Cellect will disable your publication privileges, take other action limiting your account, and/or terminate your account in Campus Cellect's sole discretion. In any such case, you will remain responsible for any materials you posted to Noozhoo.
You acknowledge that Campus Cellect has the right to remove any content that, in its sole discretion, is determined to be offensive or obscene.
Any software available for download via the Site is the copyrighted work of Campus Cellect and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
Disclaimer of Warranties: CAMPUS CELLECT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. CAMPUS CELLECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. CAMPUS CELLECT DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. CAMPUS CELLECT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IN NO EVENT WILL CAMPUS CELLECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF CAMPUS CELLECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CAMPUS CELLECT'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Campus Cellect, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
See Campus Cellect's Privacy Policy.
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
Campus Cellect does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Campus Cellect the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
If you register to become a Campus Cellect or Noozhoo member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Campus Cellect of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Campus Cellect therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Campus Cellect does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Campus Cellect's Privacy Policy, your use of the Site, any other Campus Cellect web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of laws / provisions. © Copyright 2010, Campus Cellect, Inc. All rights reserved.
It is Campus Cellect's policy to respond expeditiously to claims of intellectual property infringement. Campus Cellect will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Please read this section carefully if you are submitting notice of alleged infringement by a user. Upon receipt of notices complying or substantially complying with the DMCA, Campus Cellect will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Campus Cellect will terminate access for subscribers and account holders who are repeat infringers.
Written notices of claimed infringement should be directed to:
Copyright Compliance
Campus Cellect, Inc.
PO Box 703064
Dallas, TX 75370-3064
All written notices must include, at a minimum, the following:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity
- Information reasonably sufficient to permit Campus Cellect to contact you, such as an address, telephone number, and, if available, an
electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by
the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Upon receipt of notification of claimed copyright infringement, Campus Cellect will follow the procedures outlined in Title II of the Digital Millennium Copyright Act (17 U.S.C. §512). Failure to include all of the above-listed information may result in a delay in processing the complaint. When Campus Cellect removes or disables access to any material claimed to be infringing, Campus Cellect may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although Campus Cellect makes no promise to do so. You acknowledge that, in cases where you have supplied infringing Content, Campus Cellect may disclose your identity if Campus Cellects believes in good faith that such disclosure is required by law. Any and all counter notifications submitted by the user will be furnished to the complaining party. Campus Cellect will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Campus Cellect replaces or restores access to any material as a result of any counter notification. Campus Cellect occasionally receives requests to remove Content. You acknowledge that we may remove any Content from the Noozhoo Service, including your Content, if the posting of that Content violates these Terms, or if you have violated these Terms.
Should you violate these Terms or any other rights of Campus Cellect, Campus Cellect reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Noozhoo Service.
If you are aware of any violations of these Terms, please report them to:
Terms Violations
Campus Cellect, Inc.
PO BOX 703064
Dallas, TX 75370-3064
Email Address: info@noozhoo.com
