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Terms of Service
Submitted by University Chic on April 25, 2005 - 5:44pm
*1. Acceptance of Terms of Service*
The University Chic network is provided free of charge to you (unless otherwise indicated), by University Chic that utilize these Terms of Service ("UChic"). The "UChic Network" is defined as all English language United States based web sites, web pages and channels owned controlled and/or operated by UChic where these Terms of Service are posted. Although portions of the Uchic network may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services from UChic you need to sign on as a guest or register as a member of the UChic Network. If you sign on to the UChic Network as a guest, these Terms of Service will govern your use of the UChic Network, including access to message boards and other features. If you register as a member of the UChic Network, these Terms of Service will govern your use of the UChic Network, including access to message boards and personal website that may be provided to you in connection with the UChic Network and other features. BY SIGNING ON TO THE UCHIC NETWORK AS A GUEST AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE "LOG IN" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product digital product, event or course govern your use of the UChic Network and all services, products, digital products events and courses provided in connection with the UChic Network, including but not limited to any course, service, product, digital product, events or personal website provided to you by UChic. UChic shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter the UChic Network. The Terms of Service for your continued use of the UChic Network will be available throughout the UChic Network. Please check these areas before using the UChic Network to determine whether a change has been made to these Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with the UChic Network immediately by (i) notifying UChic of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use of the UChic Network. Your continued use of the UChic Network will signify your acceptance of any change in the terms and conditions set forth herein. *Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the UChic Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.*
From time to time UChic may supplement these Terms of Service with additional terms pertaining to specific content, services, products. digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the UChic Network to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
*2. Registration Information/Privacy Policy*
When you register for the UChic Network, you will be required to provide UChic with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the UChic Network with additional information, including your mailing address, household income, education, marital status and employment status.
Any information provided by you or gathered by UChic or third parties during any visit to the UChic Network shall be subject to the terms of UChic's Privacy Policy, which are incorporated herein by reference. "Click here":http://www.universitychic.com/privacy if you wish to read UChic's Privacy Policy. UChic reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
UChic reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal UChic website, if UChic learns that you have provided UChic with false or misleading registration information.
*3. Termination*
UChic reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the UChic Network and/or any other service, specific content, digital products, products, courses or events, provided to you by UChic, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
*4. Modifications of these Terms of Service*
UChic may modify these Terms of Service from time to time in its sole discretion. Each time you log on to the UChic Network, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at UChic's discretion) to provide you notice of such changes to any e-mail address you have provided to UChic, or post office address you have provided to UChic.
*5. Modifications of the UChic Network*
UChic may modify or discontinue the UChic Network, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
*6. Content of Messages*
You alone are responsible for the content of your messages, and any consequences of such messages. UChic reserves the right to terminate your registration if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. The UChic Network is to be used by you for your personal use only. Commercial uses of the UChic Network are strictly prohibited unless prior written consent from UChic has been granted. You agree that you will not use the UChic Network for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
You further agree not to use the UChic Network to send or post on message boards or any place on the UChic Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a message board as determined by UChic in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the UChic Network. UChic reserves the right to delete any such material from the UChic Network. UChic will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of UChic. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the UChic Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) UChic permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the UChic Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the UChic Network is not protected by Rights rests with you. You acknowledge that UChic may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of the UChic Network, including message boards, forums, contests, personal websites and chat rooms, you grant UChic a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the UChic Network retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE UCHIC NETWORK, YOU HEREBY EXPRESSLY PERMIT UCHIC TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY UCHIC'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
*7. Third Party Services*
You may order services or merchandise through the UChic Network from other persons not affiliated with UChic ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. UChic makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider UChic nor will UChic be construed as a party to such transactions, whether or not UChic may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
UChic may include special routing icons which may be located within the UChic Network, the activation of which will allow you to access and learn more about UChic and other services provided by UChic whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
*8. Registration and Password*
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify UChic of any unauthorized use of your registration or password.
*9. Notification of Any Possible Copyright Infringement*
In the event you believe that material or content published on the UChic Network may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to in a detailed e-mail message to "feedback@universitychic.com":feedback@universitychic.com.
*10. Disclaimer of Warranties*
YOU EXPRESSLY AGREE THAT USE OF THE UCHIC NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE UCHIC NETWORK, IS AT YOUR SOLE RISK. THE UCHIC NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UCHIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
UCHIC MAKES NO WARRANTY THAT THE UCHIC NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE UCHIC NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES UCHIC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE UCHIC NETWORK. UCHIC WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE UCHIC NETWORK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE UCHIC NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT UCHIC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE UCHIC NETWORK. UCHIC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER UCHIC NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE UCHIC NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. UCHIC ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
UCHIC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE UCHIC NETWORK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE UCHIC NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UCHIC OR THROUGH THE UCHIC NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
UCHIC MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE UCHIC NETWORK OR ANY TRANSACTIONS ENTERED INTO THROUGH THE UCHIC NETWORK.
UCHIC IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE UCHIC NETWORK. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH UCHIC MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST UCHIC WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, UCHIC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. UCHIC SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE UCHIC NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY UCHIC AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE UCHIC NETWORK, YOU WAIVE ANY CLAIMS AGAINST UCHIC FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
*11. Limitation of Liability*
UCHIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE UCHIC NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE UCHIC NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF UCHIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
*12. Promotional Messages*
UChic and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. UChic makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither UChic nor such third party shall have any liability with respect thereto.
*13. Indemnification*
You agree to indemnify and hold UChic harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the UChic Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
*14. Applicable Law*
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering the UChic Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
*15. Remedies for Breach of these Terms by You*
In the event that UChic determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the UChic Network, UChic reserves the right to (i) warn you via email (to any email address you have provided to UChic) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to The UChic Network; (iii) discontinue your registration(s) with the UChic Network and/or any other UChic community; (iv) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the UChic Network; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which UChic deems to be appropriate.
If your registration(s) with or ability to access the UChic Network, any other UChic community and/or any other service, product, content, course, event, tool or digital product provided to you by UChic is discontinued by UChic due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the UChic Network, then you agree that you shall not attempt to re-register with or access the UChic Network, any other UChic community and/or any other digital product, course content or service provided by UChic, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, UChic reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
*16. Miscellaneous*
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
UChic may assign its rights and obligations under these Terms of Service and upon such assignment UChic may be relieved of any further obligation hereunder.
You represent to UChic that you have the authority to register with or visit the UChic Network according to these Terms of Service. UChic does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit the UChic Network.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on the UChic Network by UChic) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of UChic, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
UChic reserves the right to terminate free access to the UChic Network including any or all content, services, digital products, products, events, courses or tools with or without notice to you. UChic reserves the right (at UChic's discretion) to provide you with notice of such change by prominently posting a notice on the UChic Network and/or sending written notice to you at any e-mail and/or post office address you have provided to UChic. Once free access is terminated UChic may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the UChic Network and/or any for-content, services, digital products, products, events, tools or products.
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