Website Terms of Service

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Zephyr - Editor in Chief
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The gist:

We at College Fashion LLC run this site and would love for you to use it. This site, blog, forum, and related services are designed to educate and entertain, and we encourage you to express yourself freely. However, be responsible in what you write, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content). For more on this, please see the Comment Policy.

Thanks also to Automattic (responsible for brilliant creations such as WordPress.com), who has made their Terms of Service available under a Creative Commons Sharealike license, which means you can borrow some or all of their wording for your own Terms of Service. That’s exactly what we did.

Terms of Service:

The following terms and conditions govern all use of the collegefashion.net website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, and websites, taken together, the Website. The Website is owned and operated by College Fashion LLC (“College Fashion”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, College Fashion LLC's Privacy Policy) and procedures that may be published from time to time on this Site by College Fashion LLC (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by College Fashion LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, submit a "guest post" on the Website, post links on the Website, submit the Contact Form or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, photographs, video, messages, computer software, or other materials. By making Content available, you represent and warrant that:

*the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

* the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

* your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment's URL or name is not the name of a person other than yourself or company other than your own; and

* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by College Fashion LLC or otherwise.

Without limiting any of those representations or warranties, College Fashion LLC has the right (though not the obligation) to, in College Fashion LLC’s sole discretion (i) refuse or remove any content that, in College Fashion LLC’s reasonable opinion, violates any College Fashion LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in College Fashion LLC’s sole discretion.

2. Responsibility of Website Visitors. College Fashion LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, College Fashion LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. College Fashion LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which collegefashion.net links, and that link to collegefashion.net. College Fashion LLC does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-collegefashion.net website or webpage, College Fashion LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. College Fashion LLC disclaims any responsibility for any harm resulting from your use of non-collegefashion.net websites and webpages.

4. Copyright Infringement and DMCA Policy. As College Fashion LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by collegefashion.net violates your copyright, you are encouraged to notify College Fashion LLC in accordance with College Fashion LLC’s Digital Millennium Copyright Act (”DMCA”) Policy. College Fashion LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of College Fashion LLC or others, College Fashion LLC may, in its discretion, terminate or deny access to and use of the Website.

DMCA Policy

All images published on College Fashion are available in various places across the Internet and are believed to be in public domain. Images posted are believed to be posted within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code.)

If you believe that content available by means of the Website (as defined in our Terms of Service) infringes one or more of your copyrights, please notify us by means of an emailed notice (“Infringement Notice”) providing the information described below to the email address listed below. If College Fashion takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to College Fashion. Please be advised that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices need to be sent to dmca AT collegefashion DOT net as plain text emails without attachments (email attachments are discarded) and include the following or they will be deemed invalid:

  • An electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyright claimed to have been infringed;
  • A description of the nature and exact location of the content that you claim to infringe your copyright, in sufficient detail to permit College Fashion to find and positively identify that content; for example we require a link to the specific blog post (not just the name of the blog) that contains the content and a description of which specific portion of the blog post – an image, a link, the text, etc – your complaint refers to;
  • Your name, address, telephone number and email address; and
  • A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

If a DMCA notice is valid, we are required by law to respond to it by disabling access to the allegedly infringing content. If you are a College Fashion user and access to something you have written has been disabled for this reason, we will notify you. You then have the option to send us a counter-notice stating why your content does not infringe copyrights and asking for access to be reinstated. Counter notices need to be sent to dmca AT collegefashion DOT net as plain text emails without attachments (email attachments are discarded) and include the following or they will be deemed invalid:

  • Your name, address, phone number and physical or electronic signature;
  • Identification of the allegedly infringing content and its location before disabling access; and
  • A statement under penalty of perjury explaining why the content was removed by mistake or misidentification.

5. Intellectual Property. This Agreement does not transfer from College Fashion LLC to you any College Fashion LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with College Fashion LLC. College Fashion LLC, College Fashion, CollegeFashion.Net, the College Fashion logo, and all other trademarks, service marks, graphics and logos used in connection with CollegeFashion.net, or the Website are trademarks or registered trademarks of College Fashion LLC or College Fashion LLC's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any College Fashion LLC or third-party trademarks. By communicating with College Fashion LLC, including submitting or sending Content, a contact form submission, or any other information or material to the Website, you grant College Fashion LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or College Fashion LLC services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, and (c) each of (a) and (b) on or in connection with College Fashion LLC or the promotion thereof.

6. Changes. College Fashion LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. College Fashion LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

7. Termination. College Fashion LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your collegefashion.net account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties. The Website is provided “as is”. College Fashion LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither College Fashion LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

9. Limitation of Liability. In no event will College Fashion LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to College Fashion LLC under this agreement during the twelve (12) month period prior to the cause of action. College Fashion LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the College Fashion LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification. You agree to indemnify and hold harmless College Fashion LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

12. Miscellaneous. This Agreement constitutes the entire agreement between College Fashion LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of College Fashion LLC, or by the posting by College Fashion LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Massachusetts, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Suffolk County, Massachusetts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Boston, Massachusetts, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; College Fashion LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.