Terms Of Service

It is our policy to make your visit(s) to our site a fun, informative, unique, and safe experience. We would appreciate your immediate notification of any actions by any individuals that you deemed were not consistent with this and other of our stated policies.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOLLOWING TERMS OF USE PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.

Access to and use of www.CollegeTonight.com (the "Site") is provided by COLLEGE TONIGHT, INC. ("CTINC", "us" or "we" or our) subject to the following terms (this "Agreement"):

1. ACCEPTANCE OF TERMS:

By using the Site, you agree to be legally bound by all of the terms of this Agreement. The Privacy Policy, elsewhere on the Site is included in this Agreement. We reserve the right to change the Agreement or any portion thereof and to change, modify or otherwise alter any features of the Site at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the Site will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of the Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of the Site, unless otherwise expressly stated.

2. REPRESENTATIONS:

By using the Site you represent and warrant that you have read and agree to abide by this Agreement, and that you have read our Privacy Policy.

3. REGISTRATION AND MEMBERSHIP:

In order to qualify as a member of the Site, and furthermore in order to rightfully and lawfully enter the site, you must be a current college student, graduate student or alumnus with the current or previous rightful possession of an "edu" email address. In accessing the Site or certain of the features on the Site, you may be asked to provide certain information. All information you provide us will be correct, current, and complete. If CTINC believes any of the information is not correct, current, or complete, we have the right to refuse you access to the Site or any of its resources. Additionally, law enforcement may not for any reason access the Site for investigative purposes, in accordance with our user eligibility, unless previously given expressed permission by CTINC.

4. COPYRIGHTS AND TRADEMARKS:

This Site and all materials incorporated on the Site (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the characters, logos or other images incorporated by CTINC on the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by CTINC or others, including, without limitation, College Tonight, Inc and Crush Calculator™ ("Trademarks").

5. RESTRICTIONS ON USE OF MATERIALS:

You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Site, except that you may access material and all other content displayed on the Site for non-commercial, personal, entertainment use on a single computer only. Any authorization to copy material granted by CTINC in any part of the Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other Site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

6. DISCLAIMER OF WARRANTIES:

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CTINC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CTINC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CTINC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CTINC MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND CTINC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE. WE ARE NOT RESPONSIBLE FOR ANY COMMUNICATION BETWEEN MEMBERS OR USERS. WE CAUTION YOU TO VERIFY AND VALIDATE ANY AND ALL INDIVIDUALS THAT YOU MAY ENCOUNTER ON OUR SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

7. LIMITATION OF LIABILITY:

CTINC DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CTINC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT CTINC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SITE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. FORUMS:

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THE SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF CTINC OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. CTINC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF CTINC. CTINC MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY.

9. CREATIVE SUBMISSIONS, POSTINGS, EMAILS AND COMMUNICATIONS:

(a) In order to avoid future misunderstanding arising from claims of similarity, CTINC does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. Therefore, please do not send CTINC any unsolicited submissions.

(b) From time to time, areas on the Site may expressly request submissions of concepts, creative ideas, suggestions, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on the Site to govern those submissions ("Additional Terms"), since they will affect your legal rights. If no Additional Terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make.

(c) In any event, no material you send to us will be treated as confidential.

(d) Please act responsibly when using the Site. You may only use the Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by CTINC) or privately transmitted on or through the Site are the sole responsibility of the sender, not CTINC, and that you are responsible for all material you upload, post or otherwise transmit to or through the Site.

(e) CTINC requires that you do not post e-mails or submit to or publish through Forums or otherwise make available on the Site any content, or act in a way, which in our opinion:

(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(ii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(iii) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity or privacy;

(iv) violates any law or may be considered to violate any law; you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(vi) advocates or promotes illegal activity;

(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(viii) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the Site;

(ix) solicits funds, advertisers or sponsors;

(x) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, adversely affect, destroy or limit the functionality of any computer software or hardware or telecommunications;

(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;

(xii) copies any other pages or images on the Site except with appropriate authority;

(xiii) includes MP3 format files;

(xiv) amounts to a "pyramid" or similar scheme;

(xv) disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site;

(xvii) constitutes chain-mail, junk mail, spam, phishing or fraud; or,

(xviii) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (i) to (xvii) above.

(f) In addition, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by CTINC anywhere on the Site (e.g., on any web space made available for your use).

10. USE OF SUBMITTED CONTENT:

(a) CTINC will consider anything you provide to CTINC and/or contribute to the Site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on the Site (see "Creative Submissions, Postings, E-mails and Communications" above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

(b) Subject to the provisions of any Additional Terms, by posting or uploading any content to the Site and/or providing any communication or material to CTINC ("User Content"), you automatically and irrevocably:

(i) grant and assign to CTINC any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by CTINC and/or by any person authorized by CTINC, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(iii) appoint CTINC as your agent with full power to enter into any document and/or do any act CTINC may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement;

(v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that CTINC shall not be liable for any use or disclosure of such User Content.

11. HYPERLINKS TO AND FROM THIRD PARTY SITES:

(a) This Site may link you to other sites on the "Internet". These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of CTINC, and you acknowledge that (whether or not such sites are affiliated in any way with CTINC) CTINC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by CTINC or any association with its operators.

(b) CTINC cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from CTINC since other shop channels are owned and operated by independent retailers. CTINC does not endorse any of the merchandise, nor has CTINC taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. CTINC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Any area of the Site that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.

12. SYSTEM ABUSE:

(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Site.

(b) You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited.

13. INVESTIGATIONS:

CTINC reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any submission, posting or e-mails you make or send to the Site or any Forum. CTINC may seek to gather information from the user who is suspected of violating the Agreement, and from any other user. CTINC may suspend any members or users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If CTINC believes, in its sole discretion, that a violation of these terms of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. CTINC may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CTINC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CTINC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CTINC OR LAW ENFORCEMENT AUTHORITIES.

14. LOCAL REGULATIONS:

This Site is intended for viewing solely in the United States. CTINC makes no representation that materials or other content in the Site are appropriate or available for use outside the United, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

15. INDEMNITY:

You agree to indemnify and hold harmless CTINC, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensers, from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Site's servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

16. APPLICABLE LAW AND JURISDICTIONAL MATTERS:

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or CTINC may bring to enforce this Agreement or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in Los Angeles California, and you expressly consent to the jurisdiction of said courts. If you are a California resident you hereby waive California Civil Code section 1542 which states a general release does not extend to claims that a creditor does not know or suspect that exists in his favor at the time of executing release, which, if known by him must have materially have affected his settlement with the debtor.

17. SEVERABILITY:

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions. There is no partnership between any member or user of the Site. Any inadvertent failure to enforce any part of the Agreement does not nullify the Agreement. If any terms of the Agreement are held invalid it does not void any other conditions of the Agreement and the Agreement, excepting such invalid term(s) will remain in full force and effect. This is the entire agreement between the parties relating to the matters contained herein.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.