Terms of Use

Welcome to the College Twist LLC web site: www.collegetwist.com (the “Site”).  By accessing and using this Site, you agree to follow and be bound by the following terms and conditions concerning your use of this Site.  We may revise these terms and conditions at any time without notice.

These Terms of Use, as may be modified from time to time (“Agreement”), constitutes legally binding terms and applies to your use of the Site.  By accessing and/or using the Site, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being registered) or member.  You are authorized to use the Site (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations and the terms of this Agreement.

College Twist reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all applicable law, you must discontinue use of the Site immediately.

Registration

Use of the Site and registration to be a member for the Site (“membership”) is void where prohibited.  By using the Site, 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 13 years of age or older; (d) your use of the Site does not violate any applicable law; (e) You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); (f) you will keep your contact information accurate and up-to-date; (g) you will not upload viruses or other malicious code; (h) you will not bully, intimidate, or harass any user; (i) will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; and (j) you will not do anything that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack.

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, email address or password of another member at any time or to disclose your password to any third party. You agree to notify College Twist 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.

Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Site or are a member. You may terminate your membership at any time, for any reason, by following the instructions on our Site. College Twist may terminate your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.   College Twist reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, College Twist reserves the right, in its sole discretion, to reassign or rename your profile URL. College Twist expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if College Twist determines, in its sole discretion, that you have violated this Agreement or pose a threat to College Twist, its employees, business partners, members, users and/or the public. Even after membership is terminated, this Agreement will remain in effect.

Fees

You acknowledge that College Twist reserves the right to charge for any portion of the Site and to change its fees (if any) from time to time in its discretion. If College Twist terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

Use

The Site are for the personal use of members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by College Twist. College Twist reserves the right to remove commercial content in its sole discretion.  Illegal and/or unauthorized use of the Site, including, without limitation, 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 the Site, or employing third party promotional sites or software to promote profiles for money, is prohibited.  Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from member profiles without notice or explanation and may result in termination of membership privileges.  College Twist reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Content

College Twist 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 transmit, submit, display or publish (“post”) on, through or in connection with the Site.  After posting your Content on, through or in connection with the Site, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Site, you hereby grant to College Twist a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Site, including, without limitation, through the Site to applications, widgets, Sites or mobile, desktop or other services which are linked with your College Twist account , including, without limitation, distributing part or all of the Site and any Content included therein, in any media formats and through any media channels.  After you remove your Content from the Site we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.   You understand and agree that once Content is distributed to a linked web site not controlled by us or incorporated into other aspects of the Site, College Twist is under no obligation to delete or ask other users or a service with whom our web site links to delete that Content, and therefore it may continue to appear and be used indefinitely.

You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the Site, or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Content on, through or in connection with the Site 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 the use of any Content posted by you on or through the Site.

College Twist may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of College Twist 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. College Twist assumes no responsibility for monitoring the Site for inappropriate Content or conduct.  If at any time College Twist chooses, in its sole discretion, to monitor the Site, College Twist nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of a member submitting any such Content.

You are solely responsible for the Content that you post on, through or in connection with any of the Site, and any material or information that you transmit to other members and for your interactions with other Users.

College Twist 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. It is College Twist’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.

The Site also contains content of College Twist (“College Twist Content”).  College Twist Content is protected by copyright, trademark, patent, trade secret and other laws, and College Twist owns and retains all rights in the College Twist Content and the Site. College Twist hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the College Twist Content (excluding any software code) solely for your personal use in connection with viewing and using the Site.

The Site contains content of other College Twist members and licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any such third party content appearing on or through the Site.

College Twist performs technical functions necessary to offer the Site, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Site. In addition, you agree and acknowledge that College Twist may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Site.  College Twist reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Site.

Third Party Services

Third party services created by third party developers may be available on, through or in connection with the Site.  Third party services include applications, web sites, desktop, wireless, mobile and other services available from third parties which can be installed onto your College Twist profile or shared with other members on the Site or which may link to your College Twist account from outside of the Site.  Third party services may use your College Twist profile information and content on such linked websites and share activity events between College Twist and the third party services.

When you engage with a third party service provider, you are interacting with the third party, not with College Twist.  College Twist does not control the third party, and cannot dictate their actions.  If you choose to use a third party services, the third party service provider may use and share your data in accordance with the privacy policy of and your privacy settings on such service.  In addition, the third party providing the third party services may use other parties to provide portions of the application or service to you, such as technology, development or payment services.  College Twist is not responsible for and makes no warranties, express or implied, as to the third party services or the providers of such third party services (including, but not limited to, the privacy practices thereof).

Privacy

Use of the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers; Limitation on Liability

College Twist is not responsible for and makes no warranties, express or implied, as to any content or the accuracy and reliability of any content posted through or in connection with the Site by users or members of the Site or any web sites linked therein.  In addition, College Twist is not responsible for any damage, injury or loss caused by users or members of the Site or by any of the equipment or programming associated with or utilized in the Site.   College Twist is not responsible for the content, accuracy or opinions expressed on this Site and services, and the Site and services are not necessarily investigated, monitored or checked for accuracy or completeness by College Twist.  Inclusion of any linked web sites or service on the Site does not imply approval or endorsement of the linked web site or service by College Twist.  When you access these third party web sites and services, you do so at your own risk. College Twist takes no responsibility for third party advertisements or linked web sites that are posted on, through or in connection with the Site or linked web sites, nor does it take any responsibility for the goods or services provided by these third parties.  College Twist is not responsible for the conduct, whether online or offline, of any user or member of the Site or linked web sites.  College Twist 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 Site.  The Site is provided “AS-IS” and as available and College Twist expressly disclaims any warranty of fitness for a particular purpose or non-infringement. College Twist cannot guarantee and does not promise any specific results from use of the Site or linked web sites.

IN NO EVENT SHALL College Twist BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF College Twist HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, College Twist’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 College Twist FOR THE SITE  DURING THE TERM OF MEMBERSHIP.

The Agreement shall be governed by, and construed in accordance with, the laws of the State of Florida without regard to its conflict of law provisions.  You and College Twist agree to submit to the exclusive jurisdiction of the courts located within the State of Florida to resolve any dispute arising out of the Agreement or the Site.  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 ACTNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

Indemnity

You agree to indemnify and hold College Twist, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Site.

Contact Information
If you have any questions regarding the Privacy Statement or believe that the privacy of your personal information has not been respected, you may submit a complaint in writing to the attention of ___________________________________________________________.

 

Revised: April 10, 2011

© 2011 College Twist LLC.  All rights reserved.