These terms and conditions ("Terms and Conditions") govern your use of the CampusAdTrader website, operated as a service of Collegiate Presswire Inc., at the URL /. ("Website"). By using the Website you agree to be bound by these Terms and Conditions. Any questions regarding these Terms and Conditions should be addressed by email to admin@campusadtrader.com prior to completing registration.
1. DEFINITIONS
1.1 In these Terms and Conditions:
"Advertiser" means any individual, company or authorized representative who seeks to purchase advertising space from any participating Publication.
"Publication" means any individual, company or authorized person who seeks to sell advertising space to any participating Advertiser.
"Your Information" means any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information and we act only as a passive conduit for your online distribution and publication of Your Information.
2. MEMBERSHIP ELIGIBILITY
2.1 The services provided by CampusAdTrader are only available for use by individuals or companies which are permitted to form legally binding contracts in the governing jurisdiction. The service is only open to those who have the authority to bind the Publication to a contract to sell advertising to an Advertiser. The service is not available to, and may not be used by any persons under the age of 18 years.
2.2 We may at any time and in our absolute discretion remove any Advertiser or Publication from the Website if we deem it to be necessary.
3. PUBLICATION'S DUTIES
3.1 We provide an electronic forum allowing you to create an auction in which you are permitted to set the parameters of the auction and provide a description of the advertising space you would like to sell. Once the parameters and description have been posted, you will have limited abilities to alter the posting without the permission of CampusAdTrader. Failure by a Publication to honor the parameters it sets out for the auction can result in temporary or indefinite suspension from the Website.
3.2 You agree to accept the highest bid in U.S. dollars ($USD), unless the auction is void (or otherwise specified in auction parameters). If the reserve price is not met, the reservation deadline expires without an Advertiser contacting you for payment or there are no bids then the auction is voided and there is no winner. The Advertiser's identity will be revealed upon the close of auction to the Publication in order to work out payment and final terms of sale. The Publication may exercise a right of refusal as set out in section 5 at any time between the time the auction closes and the actual publication of the advertisement. Once the identity of the bidder has been revealed it is the responsibility of the Advertiser and the Publication to communicate over the delivery of the advertisement.
4. CAMPUSADTRADER IS ONLY A VENUE
4.1 The Website acts purely as an online venue for the buying and selling of print, online and classified advertising in U.S. college newspapers. Publications may list advertising space for sale, and Advertisers may bid on or purchase advertising space directly from Publications through this Website.
4.2 Identity verification
User identification on the Internet is very difficult and CampusAdTrader cannot and does not confirm the purported identity of the users.
4.3 Information control
We do not control the information provided by other users, which is made available through this Website. You may find other users information to be offensive, deceptive, false, inaccurate or misleading. Please use caution and common sense when using our Website. You should also be aware there is a risk you will be dealing with persons under the age of 18 or people acting under false pretenses. By using this Website you agree to accept such risks and agree that CampusAdTrader is not responsible for the acts or omissions of users on this Website.
4.4 Dispute resolution
CampusAdTrader will not act as a mediator between Advertisers and Publications over disagreements relating to advertisements.
5. PUBLICATIONS' RIGHT TO REFUSE
5.1 You have the right to refuse any proposed advertisement at any time prior to the publication time stated in the auction parameters. You may exercise your right of refusal by contacting the Advertiser by email (with a copy to admin@campusadtrader.com) or by responding to any email from CampusAdTrader notifying you that:
5.1.1 an Advertiser is the winner in an auction you have created;
5.1.2 that an Advertiser wishes to make a direct purchase of an advertisement from you.
5.2 If you exercise your right of refusal, it is up to you to refund any money paid by an Advertiser, in full, as soon as possible.
6. YOUR INFORMATION
6.1 Your Information must not:
6.1.1 be false, inaccurate or misleading;
6.1.2 contain fraudulent information;
6.1.3 be in breach of any applicable laws or regulations (including, but without limitation, laws governing consumer protection, unfair competition, anti-discrimination or false or misleading advertising.
6.2 You agree to allow CampusAdTrader to use Your Information and to grant us a non-exclusive worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) license to exercise the copyright, trademark, publicity and database rights you have in Your Information, in any media now known or not currently known.
7. FEES
7.1 Membership fees
Joining CampusAdTrader as a Publication is free of charge and requires no payment. Charges will only be applied when an advertisement is sold through the use of our Website.
7.2 Commission and transaction fees
7.2.1 The basic listing of ad space for sale on this Website is free for member Publications.
7.2.2 When an advertisement is purchased through our Website, we will assess a 10% commission on the final-sale value to the Publication's account on CampusAdTrader. Charges on account are invoiced when an account balance reaches $25 and are payable on Net 30 terms to CampusAdTrader, unless approved otherwise in advance.
7.2.3 Additionally, certain extra features meant to draw further attention to your listings on CampusAdTrader (boldface type, Category Feature, Gallery Listings, etc.) are available for purchase when listing space. Charges for these features will be immediately applied to your account, with payment terms the same as in 7.2.2, above.
7.2.4 CampusAdTrader is not in any way responsible or liable for the failure of an Advertiser to pay for the publication of an advertisement and any dispute over payments is a matter to be resolved between the Advertiser and Publication directly.
8. BREACH
8.1 Without limiting our other remedies, we may limit your activity on the Website, immediately issue a warning, suspend or terminate your user registration or any of your item listing and refuse to provide our services to you without notice to you:
8.1.1 if you breach these Terms and Conditions or the documents incorporated by reference;
8.1.2 if, despite our reasonable efforts, we are unable to verify or authenticate any information you provide to us; or
8.1.3 if we believe that your actions may cause us financial loss or legal liability.
and nothing in this section 8 overrides our rights to suspend or terminate your registration under section 2.2.
9. NO WARRANTY
The Website and services are provided "as is" and when available and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statue or otherwise.
10. COOKIES
When you use this Website, it stores data created by its web server on your computer's hard drive otherwise known as "cookies". These "cookies" are used to track your usage patterns and preferences making the Website quicker and easier for you to use. You can disable or refuse these "cookies" by selecting the "cookie" option in your browser. If you do so, however, please note that you may not be able to use the Website properly.
11. LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing we (including our affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms and Conditions.
11.2 We (including our affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
11.3 Our liability to you or any third party, and the liability of our affiliates, officers, directors, agents and employees, in any circumstance is strictly limited to the total of any fees you have paid to us in relation to the listing or other service offered giving rise to liability.
12. INDEMNITY
You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
13. NOTICE
Unless otherwise explicitly stated, notices to CampusAdTrader must be sent by registered mail to CampusAdTrader, c/o Collegiate Presswire Inc., 1191 Valley Road, Suite Two, Clifton, New Jersey 07013.
14. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with U.S. law and subject to the exclusive jurisdiction of the Passaic County courts in the State of New Jersey.
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These terms and conditions ("Terms and Conditions") govern your use of the CampusAdTrader website, operated as a service of Collegiate Presswire Inc., at the URL /. ("Website"). By using the Website you agree to be bound by these Terms and Conditions. Any questions regarding these Terms and Conditions should be addressed by email to admin@campusadtrader.com prior to completing registration.
1. DEFINITIONS
1.1 In these Terms and Conditions:
"Advertiser" means any individual, company or authorized representative who seeks to purchase advertising space from any participating Publication.
"Publication" means any individual, company or authorized person who seeks to sell advertising space to any participating Advertiser.
"Your Information" means any information you provide to us or other users in the registration, bidding or listing process, in any public message area or through any email feature. You are solely responsible for Your Information and we act only as a passive conduit for your online distribution and publication of Your Information.
2. MEMBERSHIP ELIGIBILITY
2.1 The services provided by CampusAdTrader are only available for use by individuals or companies which are permitted to form legally binding contracts in the governing jurisdiction. The service is only open to those who have the authority to bind the Advertiser to a contract for advertising with a Publication. The service is not available to, and may not be used by any persons under the age of 18 years.
2.2 We may at any time and in our absolute discretion remove any Advertiser or Publication from the Website if we deem it to be necessary.
3. ADVERTISER'S DUTIES
3.1 The Advertiser may bid in U.S. dollars ($USD) to purchase advertising space and each bid constitutes an offer to buy on the terms and conditions set out in the parameters of the auction. Bids may not be retracted without the permission of CampusAdTrader.
3.2 The highest bidder will always win an auction implemented by a Publication (unless otherwise specified in the auction parameters). If the reserve is not met or there are no bids then the auction is voided and there is no winner. If you are the highest bidder when the auction has ended and you have met the reserve price you will have created a contract of advertising and you are responsible for payment. Your identity will be revealed upon the close of auction to the Publication in order to work out payment and final terms of sale. The Publication may exercise a right of refusal as set out in section 5 at any time between the time the auction closes and the actual publication of the advertisement. Once the identity of the bidder has been revealed it is the responsibility of the Advertiser and the Publication to communicate over the delivery of the advertisement. Failure to honor all the terms of a contract for advertising may result in temporary or indefinite suspension from the Website.
4. CAMPUSADTRADER IS ONLY A VENUE
4.1 The Website acts purely as an online venue for the buying and selling of print, online and classified advertising in U.S. college newspapers. Publications may list advertising space for sale, and Advertisers may bid on or purchase advertising space directly from Publications through this Website.
4.2 Identity verification
User identification on the Internet is very difficult and CampusAdTrader cannot and does not confirm the purported identity of the users.
4.3 Information control
We do not control the information provided by other users, which is made available through this Website. You may find other users information to be offensive, deceptive, false, inaccurate or misleading. Please use caution and common sense when using our Website. You should also be aware there is a risk you will be dealing with persons under the age of 18 or people acting under false pretenses. By using this Website you agree to accept such risks and agree that CampusAdTrader is not responsible for the acts or omissions of users on this Website.
4.4 Dispute resolution
CampusAdTrader will not act as a mediator between Advertisers and Publications over disagreements relating to advertisements.
5. PUBLICATIONS' RIGHT TO REFUSE
5.1 You are aware of and accept that a Publication has the right to refuse to publish any advertisement received from you at anytime prior to the publication of the advertisement.
5.2 If the Publication exercises its right of refusal and you have already made payment to the Publication, the Publication has agreed to refund any money paid by you, in full, as soon as possible.
6. YOUR INFORMATION
6.1 Your Information must not:
6.1.1 be false, inaccurate or misleading;
6.1.2 contain fraudulent information; or
6.1.3 be in breach of any applicable laws or regulations (including, but without limitation, laws governing consumer protection, unfair competition, anti-discrimination or false or misleading advertising).
6.2 You agree to allow CampusAdTrader to use Your Information and to grant us a non-exclusive worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) license to exercise the copyright, trade mark, publicity and database rights you have in Your Information, in any media now known or not currently known.
7. FEES
7.1 Membership fees
There is a one-time, non-refundable signup fee of $25 (waived through December 31, 2006) for Advertisers to become a member of this Website. This fee must be paid at the time of signup on a valid debit card, credit card or other form of pre-payment offered by our payment vendor.
7.2 Payment for completed transactions
When purchasing an advertisement through this Website, you must make payment following the close-of-sale within a reasonable amount of time (but not later than 7 days) directly to the Publication. Additionally, if specified in the sale listing, you may be required to prepay or qualify for credit terms as per the Publication's standard requirements for Advertisers. When specified as such, sales of advertisements in these Publications are contingent on you meeting the Publication's criteria.
8. BREACH
8.1 Without limiting our other remedies, we may limit your activity on the Website, immediately issue a warning, suspend or terminate your user registration or any of your item listing and refuse to provide our services to you without notice to you:
8.1.1 if you breach these Terms and Conditions or the documents incorporated by reference;
8.1.2 if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
8.1.3 if we believe that your actions may cause us financial loss or legal liability.
and nothing in this section 8 overrides our rights to suspend or terminate your registration under section 2.2.
9. NO WARRANTY
The Website and services are provided "as is" and when available and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statue or otherwise.
10. COOKIES
When you use this Website, it stores data created by its web server on your computer's hard drive otherwise known as "cookies". These "cookies" are used to track your usage patterns and preferences making the Website quicker and easier for you to use. You can disable or refuse these "cookies" by selecting the "cookie" option in your browser. If you do so, however, please note that you may not be able to use the Website properly.
11. LIMITATION OF LIABILITY
11.1 Nothing in these Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. Subject to the foregoing we (including our affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms and Conditions.
11.2 We (including our affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunication services or for faults in or failures of their networks and equipment.
11.3 Our liability to you or any third party, and the liability of our affiliates, officers, directors, agents and employees, in any circumstance is strictly limited to the total of any fees you have paid to us in relation to advertising space on which you are bidding or other service of ours giving rise to liability. Under no circumstances, however, will you be eligible for return or credit of the one-time signup fee.
12. INDEMNITY
You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
13. NOTICE
Unless otherwise explicitly stated, notices to CampusAdTrader must be sent by registered mail to CampusAdTrader, c/o Collegiate Presswire Inc., 1191 Valley Road, Suite Two, Clifton, New Jersey 07013.
14. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with U.S. law and subject to the exclusive jurisdiction of the Passaic County courts in the State of New Jersey.
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