Last Updated: December 1, 2014
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
College Nation reserves the right, in its sole discretion, to modify or replace this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material way, we will update the 'last updated' date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new terms. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Service.
2. USE OF OUR SERVICE
- Eligibility. Because we respect the rights of children and parents, you may use the College Nation Service only if you can form a binding contract with College Nation, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Because we respect the College Nation community, the Service is not available to any Users previously removed from the Service by College Nation. The Service is provided for your personal, noncommercial use only. You may not use the Service for any commercial purposes.
- Your responsibility for your account: You are solely responsible for the activity that occurs on or through your account, and you must keep your account password secure. You must notify College Nation immediately of any breach of security or unauthorized use of your account. College Nation will not be liable for your losses caused by any unauthorized use of your account, and you shall be solely liable for the losses of College Nation or others due to such unauthorized use.
- Groups. College Nation may allow Users to create or join groups on the Service in order to share articles and other content, and to send SMS text messages to other Group members (a "Group"). If you are added to a Group by a User, you may be sent an SMS text message with a unique hyperlink to directly access your Group’s page. Anyone with access to this unique hyperlink will be able access your group on the Service using your name, and so you agree to keep the Group’s page hyperlink secure. You can remove yourself from a Group by following the instructions on the Service. For more information, see the "Group Messaging and Text Messages on the Service" section below.
- Your interaction with other Users. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. College Nation will have no liability for your interactions with other Users, or for any User’s action or inaction. Please be good to one another.
- Changes to the Service. Here at College Nation, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, College Nation may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
3. ACCEPTABLE USE OF THE COLLEGE NATION SERVICE
We think College Nation provides Users with an amazing platform to discover sports content, and discuss and share that content with others. To keep College Nation running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the College Nation Acceptable Use Policy.
4. SHARING YOUR CONTENT
- Your content. College Nation allows you to post content on the Service, including comments, photos, blog posts, messages, blog URLs, and other materials. Any content a User submits, posts, displays, or otherwise makes available on the Service, including all Intellectual Property Rights (defined below) therein, is referred to as "User Content." YOU RETAIN OWNERSHIP OF YOUR USER CONTENT.
- How College Nation and other Users can use your content. You own all of the User Content that you post or publish ("post") on the Service. Subject to your profile and application settings, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, sell, offer to sell, translate, modify, publicly perform, publicly display, distribute, and make derivative works of your User Content on the Service and in all forms and media now or hereafter known for the purposes of operating and providing the Service to you and our Users. Nothing in this Agreement shall restrict College Nation’s rights under separate licenses to User Content.
- Your responsibility for your content. By uploading, posting, submitting or otherwise disclosing or distributing User Content, you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (defined below) or rights of publicity or privacy. College Nation reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. College Nation takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. College Nation is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that College Nation shall not be liable for any damages you allege to incur as a result of such User Content.
- Definition of Intellectual Property Rights. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- User Content Programs. We may provide various opportunities and programs relating to User Content on the Service ("User Content Programs"). Some User Content Programs may require you to submit an application to participate, which College Nation may approve or deny in its sole discretion. Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and College Nation. While College Nation may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program. You acknowledge and agree that College Nation does not have the right to and shall not control the manner and method in which you may create your User Content. Any suggestions College Nation may make about your User Content are only suggestions, based on our understanding of how Users typically access Content and use the Service. You are not required to implement any suggestion made by College Nation regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk. You agree that you are the sole author of your User Content, and that College Nation does not participate in the creation of any of your User Content.
5. OUR CONTENT
- College Nation Content. Except for User Content, the Service, and all Intellectual Property Rights therein and related thereto, are the exclusive property of College Nation and its licensors ("College Nation Content"). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the College Nation Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the College Nation Content, including without limitation any materials or content accessible on the Service. College Nation's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. Use of the College Nation Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
- Our license to you. Subject to the terms and conditions of this Agreement, College Nation provides you with a license to use the Service for your personal, noncommercial use only and as expressly permitted by the features of the Service. College Nation may terminate this license at any time for any reason or no reason.
- Feedback you provide. We value input from our Users, and are always interested in learning of ways we can make College Nation better. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place College Nation under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, College Nation does not waive any rights to use similar or related Feedback previously known to College Nation, or developed by its employees, or obtained from sources other than you.
6. GROUP MESSAGING AND TEXT MESSAGES ON THE SERVICE
- Overview of Messages and Fees. College Nation may allow you to send SMS text messages through our Service to other Users or to third parties ("Messages") when you add members to a Group on the Service or when you share an article or other content with members of a Group. College Nation may send administrative SMS text messages to you and to the recipients of your Messages in connection with your Messages, including instructions on how to stop receiving Messages. You must obtain express consent from any non-Users before adding them to your Group (thereby sending them a Message). College Nation is not responsible for any SMS text messages sent to non-Users when you add those non-Users to your Group or share articles and other content with members of your Group. While College Nation does not charge a fee for sending or receiving Messages through the Service, standard text messaging rates may apply, and you acknowledge and agree that you shall be solely responsible for all such fees.
- Opting out of Messages. If you no longer wish to receive Messages, you may text "STOP" to the number you received the message from, or e-mail us at firstname.lastname@example.org. Opting out of Messages will not remove you from any Group. To remove yourself from a Group, please follow the instructions on the Service. College Nation will use commercially reasonable efforts to ensure that Users may not forward any College Nation articles or other content to a non-User who replied "STOP" to a previously forwarded message.
Read the Acceptable Use Policy