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Terms of UseRevised: July 20, 2007 READ THIS IN ITS ENTIRETY. USERS ARE NOT AUTHORIZED TO ACCESS THIS SITE UNLESS THEY HAVE READ AND AGREED TO THESE TERMS. These Website Terms of Service apply to the website with a home page located at www.StudentPromos.net ("StudentPromos"). This Website is owned and operated by InstantDollarz Inc, located at PO Box 17257, Philadelphia, PA. All inquiries should be directed to that address, or to support@StudentPromos.net. We reserve the right to update these Terms and Services at any time. Such changes are effective once posted on this page. If you do not agree to these terms of service, promptly cease accessing or otherwise using StudentPromos technology and exit this site immediately. BY USING AND/OR VISITING THIS WEBSITE YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF StudentPromos’S PRIVACY NOTICE WHICH ARE INCORPORATED HEREIN BY REFERENCE. StudentPromos.us RESERVES THE RIGHT TO CHANGE THESE TERMS AND ITS PRIVACY POLICY AT ANY TIME WHICH CHANGES WILL BE POSTED ON THE SITE. IT IS YOUR RESPONSIBILITY TO REVIEW THE SITE FOR POSTED CHANGES. IF ANY FUTURE CHANGES TO THESE TERMS OR THE PRIVACY ARE UNACCEPTABLE TO YOU, YOU MUST DISCONTINUE USE OF THE SITE. CONTINUED USE OF THE SITE WILL BIND YOU TO THE CHANGE OF TERMS AND PRIVACY POLICY. I. YOUR ACCEPTANCE By visiting StudentPromos and/or using StudentPromos technology, you certify that you are over 18 years of age (or an emancipated minor, or possess legal parental or guardian consent), are fully competent to enter into any obligations and warranties present in any provisions of this site, have read this Agreement and agree to be legally bound by it, and that you agree to all rules and policies that may be published within StudentPromos technology or this website. These Terms of Service apply to all visitors to StudentPromos. The StudentPromos Website may contain links to third party websites that are not owned or controlled by StudentPromos. StudentPromos has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, StudentPromos will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve StudentPromos from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the StudentPromos Website and to read the terms and conditions and privacy policy of each other website that you visit. II. WEBSITE ACCESS StudentPromos is willing to provide you with limited access to "StudentPromos technology" (a collective term for all StudentPromos software, data and technology used, stored, accessed or licensed during any use of the site, including the related intellectual property rights embodied therein) upon condition that you:
III. INTELLECTUAL PROPERTY The content on the StudentPromos Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to StudentPromos, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The "look and feel" of the StudentPromos Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to StudentPromos and its licensors and fully protected under U.S. and international intellectual property laws. IV. USE of StudentPromos CONTENT Subject to these Terms of Service and any third party restrictions, StudentPromosgrants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, print and download the images, text, graphics, photographs, audio, video and other content available within the StudentPromos Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use. No content on this website may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the StudentPromos Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the StudentPromos Website or the Content therein. By posting any information or materials within this website, StudentPromos does not waive proprietary rights in the material and does not transfer any rights to you except for the limited right granted here. StudentPromos reserves all rights not expressly granted in and to the Website and the Content, and disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:
V. DMCA NOTICE Please view the DMCA policy of this site for details regarding the Digital Millennium Copyright Act ("DMCA"). You acknowledge that if you fail to comply with all of the requirements as stated, your DMCA notice may not be valid. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. VI. DATA SECURITY StudentPromos.net resides on the public Internet. StudentPromos uses commercially reasonable measures to protect the confidentiality and security of all transactions and communications transcated to StudentPromos, and any information stored on servers controlled by StudentPromos. Notwithstanding these efforts, StudentPromos cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom. Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the StudentPromos Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the StudentPromos Technology, overloading, "flooding," "mailbombing" or "crashing" the StudentPromos Technology. Violations of system or network security may result in civil or criminal liability. StudentPromos reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. VII. DISCLAIMER YOU AGREE THAT YOUR USE OF THE StudentPromos.us WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, StudentPromos.us, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. StudentPromos.us MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE StudentPromos.us WEBSITE. StudentPromos.us DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE StudentPromos.us WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND StudentPromos.us WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. VIII. LIMITATION OF LIABILITY and INDEMNITIES IN NO EVENT SHALL StudentPromos.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE StudentPromos.us WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT StudentPromosnet SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by StudentPromos from its facilities in the United States of America. StudentPromos makes no representations that the StudentPromos Website is appropriate or available for use in other locations. Those who access or use the StudentPromos Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree to defend, indemnify and hold harmless StudentPromos, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the StudentPromos Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the StudentPromos Website. You agree to defend, indemnify and hold harmless StudentPromos, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use and access of any third party website. StudentPromos does not have any control over and is not responsible for the content, accuracy and opinions present on any third party sites (non-affiliates of StudentPromos) and has no responsibility to monitor or investigate any of the content. StudentPromos has no ability to edit or censor content on any third party site. By creating links to third party sites, StudentPromos does not endorse or recommend any products or services offered or information contained at third party sites, nor is StudentPromos liable for any failure of products and services offered or advertised at those sites. IX. ENTIRE AGREEMENT This Agreement and the Privacy Policy of this website constitutes the entire agreement between you and StudentPromos with respect to the subject matter addressed herein, and governs your access to and use of the StudentPromos Technology, superseding any prior agreements between you and StudentPromos relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with StudentPromos pursuant to your enrollment and/or participation in other features of the StudentPromos Technology. You agree that StudentPromos, at its sole discretion, may terminate or suspend your access to the StudentPromos Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if StudentPromos believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. StudentPromos reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the StudentPromos Technology (or any part thereof) without notice. You agree that StudentPromos shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the StudentPromos Technology. Your obligations under this Agreement shall continue even after StudentPromos has terminated and/or cancelled this Agreement or your access to the StudentPromos Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement. X. ELECTRONIC DELIVERY POLICY By using the StudentPromosnet Technology, you consent to receive from StudentPromos all communications including notices, agreements, legally required disclosures or other information in connection with the StudentPromos Technology (collectively, "Contract Notices") electronically. StudentPromos shall provide such electronic Contract Notices by posting them on this Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and the StudentPromos Technology. Should you provide your contact information through our newsletter subscription form, you may receive monthly newsletter mailings from us. Please read our privacy policy for more information regarding our treatment of your information and opting out. XI. JURISDICTION You agree that this Agreement will be governed and construed in all respects by the laws of the state of Pennsylvania, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the StudentPromos Technology (including, but not limited to this Website) is deemed a passive website that does not give rise to personal jurisdiction over StudentPromos.net or its successors, either specific or general, in any jurisdiction other than the State of Pennsylvania. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of StudentPromos.net Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding. XII. GENERAL PROVISIONS If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and StudentPromos.us's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. StudentPromos.us may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of StudentPromos.net. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. ENDNOTE If you have any questions about these Terms of Service or the practices of this site, please contact us at support@StudentPromos.net, or use the mailing address listed below. We welcome your questions, comments, and concerns about these Terms of Service. Please send us feedback pertaining to these matters or any other issue you may have with StudentPromos. StudentPromos.net
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