HeyCampus.com Terms Of Use


Last Updated: May 20, 2011

HeyCampus.com (collectively "we", "us", "our", or "the Service") site was built exclusively for college students to interact with other students, make friends, share news, send and receive messages, sell or buy any of their old/new stuff, find an apt or just a roommate, discuss important matters in many forums, get the latest news, rate and discuss courses, find ideal date and activity partner and lots more.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of our services. By using our services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse this Website, including through a mobile device, or otherwise use our services without being registered) or you are a "Member" (which means that you have registered with us). The term "User" refers to a Visitor or a Member. You are only authorized to use this site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it.

If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave this website and discontinue use immediately. If you wish to become a Member, communicate with other Members and/or make use of other services, you must read this Agreement and indicate your acceptance during the registration process.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Please choose carefully the information you post on or through this site and that you provide to other Users. Your profile may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and we assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please click on the "Contact Us” link at the bottom of any page.

We reserves the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the website at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Services if we determines, in our sole discretion, that you have violated this Agreement or pose a threat to this website and/or its Users.

  1. Eligibility: Use of the HeyCampus Services and registration to be a Member for the HeyCampus Services (“Membership”) is void where prohibited. By using the HeyCampus Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the HeyCampus Services does not violate any applicable law or regulation.

    Your profile may be deleted and your Membership may be terminated without warning, if we believe that either your age is less than 18 years or you are not a college student/staff or alumni.
  2. Term: This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Services or are a Member. You may terminate (deactivate) your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect.
  3. Fees: This site is completely free for college students and you will not be charged for anything.
  4. Password: When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  5. Use by Members: The website Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by us. We reserve the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the our Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to this Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. We reserve the right to take appropriate legal action for any illegal or unauthorized use of the website Services.
  6. HeyCampus Buy & Sell: All listings posted on or through the HeyCampus Buy & Sell service and all transactions conducted in connection therewith are subject to and governed by the HeyCampus Buy & Sell Guidelines (the "Guidelines") as well as these Terms of Use. When you use HeyCampus Buy & Sell in any manner you are agreeing to abide by and be subject to the Guidelines and the other applicable rules set forth in these Terms of Use. The Guidelines are subject to change without prior notice at any time, in the Company's sole discretion, so you should review the Guidelines each time you use HeyCampus Buy & Sell. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through HeyCampus Buy & Sell. You acknowledge that HeyCampus is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by HeyCampus applicable to HeyCampus Buy & Sell are set forth on the Site. ALL USE OF HEYCAMPUS BUY & SELL IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
  7. Proprietary Rights in Content on HeyCampus
    1. HeyCampus does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the website Services. After posting your Content to the HeyCampus Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the HeyCampus Services, you hereby grant to HeyCampus a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the HeyCampus Services, including without limitation distributing part or all of the HeyCampus Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the HeyCampus Website. This limited license does not grant us the right to sell or otherwise distribute your Content outside of our Services. After you remove your Content from the Website and notify us, we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Website you change the Content’s privacy setting to “private” and notify us, we will cease distribution of such “private” Content outside the Website as soon as practicable after you make the change.
    2. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to HeyCampus), fully-paid and royalty-free (meaning that HeyCampus is not required to pay you for the use on the HeyCampus Services of the Content that you post), sub licensable (so that HeyCampus is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the HeyCampus Services), and worldwide (because the Internet and the HeyCampus Services are global in reach).
    3. You represent and warrant that: (i) you own the Content posted by you on or through the HeyCampus Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the HeyCampus Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the HeyCampus Services.
    4. The HeyCampus Services contain Content of HeyCampus ("HeyCampus Content"). HeyCampus Content is protected by copyright, trademark, patent, trade secret and other laws, and HeyCampus owns and retains all rights in the HeyCampus Content and the HeyCampus Services. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the HeyCampus Services. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
    5. HeyCampus performs technical functions necessary to offer the HeyCampus Services, including but not limited reformatting content to allow its use throughout the HeyCampus Services.
  8. Content Posted:
    1. HeyCampus may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of HeyCampus violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. HeyCampus assumes no responsibility for monitoring the HeyCampus Services for inappropriate Content or conduct. If at any time HeyCampus chooses, in its sole discretion, to monitor the HeyCampus Services, HeyCampus nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
    2. You are solely responsible for the Content that you post on or through any of the HeyCampus Services, and any material or information that you transmit to other Members and for your interactions with other Users.
    3. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the HeyCampus Services. HeyCampus reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Content from the HeyCampus Services and terminating the Membership of such violators. Prohibited Content and activity includes, but is not limited to, Content and Activity that, in the sole discretion of HeyCampus:
      1. solicits passwords or personal identifying information for commercial/un-commercial or unlawful purposes from other Users;
      2. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
      3. impersonating or attempting to impersonate another Member, person or entity;
      4. publicly posts information that poses or creates a privacy or security risk to any person or this website;
      5. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      6. is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      7. for profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
      8. either directly or using any information obtained from the HeyCampus Services in order to (advocate) harass, abuse, or harm another person or entity, or attempting to do the same;
      9. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
      10. selling or otherwise transferring your profile;
      11. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
      12. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
      13. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      14. involves commercial activities and/or sales without prior written consent from the Company such as contests, sweepstakes, advertising, or pyramid schemes;
      15. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
      16. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the HeyCampus Services (Buy or sell services are excluded). You may not transmit any chain letters or junk email to other Members. In order to protect our Members from any chain letters or junk email, HeyCampus reserves the right to restrict the number of messages/emails which a Member may send to other Members in any 24-hour period to a number which HeyCampus deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the HeyCampus Services, you acknowledge that you will have caused substantial harm to HeyCampus, and that the amount of such harm would be extremely difficult to ascertain.
      17. covering or obscuring the banner advertisements on any HeyCampus page via HTML/CSS or any other means;
      18. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the HeyCampus Services;
      19. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
      20. any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
      21. interfering with, disrupting, or creating an undue burden on the HeyCampus Services or the networks or services connected to the HeyCampus Services;
      22. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
      23. using the HeyCampus Services in a manner inconsistent with any and all applicable laws and regulations.
  9. Protecting Copyrights and Other Intellectual Property:

    HeyCampus respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. HeyCampus has the right to terminate the Membership of infringers.

    If you believe your work has been copied and posted on or through the HeyCampus Services in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the HeyCampus Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Please email us at [email protected]
  10. Member Disputes. You are solely responsible for your interactions with other HeyCampus users. We reserve the right, but have no obligation, to monitor disputes between you and other users
  11. Privacy: We care about the privacy of our users. Click here to view our Privacy Policy.
  12. Disclaimers. HeyCampus is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the HeyCampus Services, whether caused by Users of the HeyCampus Services or by any of the equipment or programming associated with or utilized in the HeyCampus Services and such User Content does not necessarily reflect the opinions or policies of HeyCampus. Profiles and third party applications created and posted by Members on the HeyCampus Website may contain links to other websites. HeyCampus is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by HeyCampus. Inclusion of any linked website on the HeyCampus Services does not imply approval or endorsement of the linked website by HeyCampus. When you access these third party sites, you do so at your own risk. HeyCampus takes no responsibility for third party advertisements or third party applications that are posted on or through the HeyCampus Services, nor does it take any responsibility for the goods or services provided by its advertisers. HeyCampus is not responsible for the conduct, whether online or offline, of any User of the HeyCampus Services. HeyCampus assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HeyCampus is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the HeyCampus Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the HeyCampus Services. Under no circumstances shall HeyCampus be responsible for any loss or damage, including personal injury or death, resulting from use of the HeyCampus Services, attendance at an HeyCampus event, from any User Content posted on or through the HeyCampus Services, or from the conduct of any Users of the HeyCampus Services, whether online or offline. The HeyCampus Services are provided "AS-IS" and as available and HeyCampus expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HeyCampus cannot guarantee and does not promise any specific results from use of the HeyCampus Services.
  13. Limitation on Liability. IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE HEYCAMPUS SERVICES, EVEN IF HEYCAMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HEYCAMPUS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HEYCAMPUS FOR THE HEYCAMPUS SERVICES DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
  14. U.S. Export Controls. Software available in connection with the HeyCampus Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the HeyCampus Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
  15. Governing Law; Venue and Jurisdiction

    By visiting or using the Site and/or the Service, you agree that the laws of the State of California without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

    Arbitration
    YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the HeyCampus Buy & Sell may be arbitrated.

    Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

    To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) years after the cause of action arose.
  16. Disputes: The Agreement shall be governed by, and construed in accordance with the laws of State Of California, without regard to its conflict of law provisions. You and HeyCampus agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the HeyCampus Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
  17. Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
  18. Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  19. Other. This Agreement is accepted upon your use of the HeyCampus Website or any of the HeyCampus Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and HeyCampus regarding the use of the HeyCampus Services. The failure of HeyCampus to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    Please contact us at: [email protected] with any questions regarding this Agreement.

    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.