Terms of use
1. Privacy Policy
Our Privacy Policy describes the information Spring Fling 2016 collects when You and others use this Website. It also describes how Spring Fling 2016 uses any personal information You share with it. By agreeing to these Terms of Use, You are also consenting to our use of Your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.
2. Links To and From the Website
- These Terms of Use apply to all users of the Website, including users who are administrators, advertisers, or contributors of content, information, and other materials or services on the Website. The Website may contain links to third party websites and online services that are not owned or controlled by Spring Fling 2016. Spring Fling 2016 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Spring Fling 2016 will not and cannot control or edit the content of any third-party website or online service. BY USING THE WEBSITE, YOU EXPRESSLY RELEASE Spring Fling 2016, ITS AFFILIATES, SCHOOLS, PARTNERS, LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, SUBCONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE Spring Fling 2016 PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, We encourage You to be aware when You leave the Website and to read the terms and conditions of use for each other website or online service that You visit.
- Except as You have otherwise agreed with Spring Fling 2016, You may link to the Website from Your website or online service, subject to the following: (1) You may not frame the Website or any portion of the Website (except You may do so with functionality provided by Spring Fling 2016, if any); (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Spring Fling 2016 name and not any logo; (4) You may not use any Spring Fling 2016 logo in any way; (5) You may not use the link in any way that suggests that Spring Fling 2016 is associated with or endorses You or Your website; (6) the link may not appear on any website or online service that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Spring Fling 2016 or damages its rights, reputation or goodwill; and (7) We may terminate Your right to link to the Website at any time for any reason or no reason.
3. User Submissions
- The Website may permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published or posted, Spring Fling 2016 (1) does not guarantee any confidentiality with respect to any User Submissions (except as described in our privacy policy), (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
- You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. However, by submitting the User Submissions to Spring Fling 2016, You hereby grant Spring Fling 2016 and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and Spring Fling 2016’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.
- In connection with User Submissions, You represent and warrant that You will not: (i) submit or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant Spring Fling 2016 all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Spring Fling 2016 or any third party; (iii) submit or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) submit or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions. Spring Fling 2016 DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND THE Spring Fling 2016 PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. Spring Fling 2016 does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Website, and Spring Fling 2016 will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights. (See Section 8 below). Spring Fling 2016 will not necessarily monitor User Submissions. However, Spring Fling 2016 reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. Spring Fling 2016 also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these Terms of Use.
- You understand that when using the Website, You will be exposed to User Submissions from a variety of sources, and that Spring Fling 2016 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE Spring Fling 2016 PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE Spring Fling 2016 PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE WEBSITE.
4. Access to Website; Users Who Violate Terms of Use
- Right to Access. Spring Fling 2016 hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (1) You will not copy, download or distribute any part of the Website in any form or medium without Spring Fling 2016’s prior written authorization, except as permitted in Section 7 below; (2) You will not alter, modify, or make derivative works from any part of the Service without Spring Fling 2016’s prior written authorization, except as permitted in Section 7 below; and (3) You will otherwise comply with these Terms of Use.
- Scope of Use and Access. You agree and acknowledge that access to the Website is limited to the individual user, or in the case of a non-individual user (i.e., a company or other legal entity) (hereinafter “Entity User”), those individuals who are designated as authorized users of the Website pursuant to Section 5(c) below (“Authorized User(s)”).
- Authorized Users. At the time Entity User sets up an account to enable company use of the Website, the administrator(s) of Entity User’s account is also considered an Authorized User(s). To remove or replace an administrator, an Entity User should contact Spring Fling 2016. Each Authorized User’s access to the Website is limited to the period of time that Authorized User is qualified to be an Authorized User by virtue of his/her relationship with Entity User. If Entity User becomes disqualified to use the Website, each Authorized User must immediately cease use of the Website. In no event shall You authorize access or use to any person or entity that is not an officer, director, or employee of Your organization without prior written consent of Spring Fling 2016.
- No Assignment or Sublicense. You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, rent, lease, loan, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these Terms of Use, the Website, or any content or materials accessible through the Website, in whole or part.
- No Other Rights. No other rights are granted herein except as expressly set forth in this Agreement. Any and all other rights are expressly reserved to Spring Fling 2016.
- Termination of User Accounts. Spring Fling 2016 may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms of Use, including, but not limited to, the accounts of (i) users who post User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly and (ii) users who provide false or inaccurate information. In the case of Authorized Users, Spring Fling 2016 may pursue legal action against the Entity User that designated the Authorized User, for any damages suffered by Spring Fling 2016.
5. Intellectual Property Rights
- Everything You see, hear, or otherwise experience on this Website, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Spring Fling 2016, subject to copyright and other intellectual property rights under United States and international laws and conventions. Spring Fling 2016 owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. Spring Fling 2016, the Spring Fling 2016 Logo, and Spring Fling 2016 CONNECT are trademarks of Spring Fling 2016
- Content on the Website is provided to You AS IS for Your information and personal, non-commercial use only. For Your personal use, You may view, copy, and print pages of the Website. Otherwise, the Website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Spring Fling 2016 in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Spring Fling 2016. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may You scrape any pages.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE Spring Fling 2016 PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ANY SERVICE, EVENT, OR AGREEMENT WITH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, Spring Fling 2016 DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES OR ONLINE SERVICES LINKED TO THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE FROM Spring Fling 2016, EVENTS ATTENDED, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS EVENT ORGANIZERS, ADVERTISERS, SPONSORS, OR PARTNERS WILL MEET YOUR EXPECTATIONS. Spring Fling 2016 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOU ACKNOWLEDGE THAT Spring Fling 2016 HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF COURSES OR EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.
7. Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE Spring Fling 2016 PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR Spring Fling 2016’S PRODUCTS OR SERVICES; (2) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR Spring Fling 2016 ACCOUNT, RELATED TO YOUR INTERNET ACCOUNT, OR RELATED TO YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR INTERNET ACCOUNT OR YOUR EMAIL ADDRESS; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE. IF Spring Fling 2016 DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, Spring Fling 2016 WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO Spring Fling 2016.
8. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT Spring Fling 2016 HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE Spring Fling 2016 PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Spring Fling 2016. Spring Fling 2016 WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.