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CollegeMedium Terms of Use
Agreement To Terms
Welcome to CollegeMedium.com, owned and operated by College Medium LLC ("CollegeMedium" SM). These Terms and conditions of use apply to the CollegeMedium web sites located at www.collegemedium.com and www.thecollegemedium.com (the "Site"). By using the Site, you are agreeing to comply with and be bound by the following terms of use (the "terms"). Please review the following terms carefully. If you do not wholly agree with the Terms, please cease all current and future use of the Site immediately. As long as you comply and agree with the Terms and any subsequent modifications thereof, CollegeMedium grants you a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. This privilege does not include any duplication, collection, aggregation, or copying, nor does it include the use of data mining, robots, spiders, or other similar data gathering and extraction tools. CollegeMedium does not convey any interest in the Site, and none of the content or information may be republished, reverse-engineered, modified, distributed, performed, reproduced, licensed, translated into any language or computer language, or re-transmitted in any form or by any means, without the prior and expressed written consent of CollegeMedium.Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed the Terms, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.Modifications To The terms
CollegeMedium reserves the right, at its sole discretion, to change, modify, add or delete portions of the Terms, at any time. Your continued use of the Site following the posting of changes constitutes your agreement to follow and be bound by the Terms as modified. Discontinue use of the Site if you object to any subsequent modifications of the Terms. Changes to the Terms are effective upon posting; as such, it is your responsibility to check the Terms before each use of the Site.General
These Terms are governed by the laws of the State of Georgia. You hereby consent to the exclusive jurisdiction and venue of courts situated in Fulton County, Georgia in all disputes arising out of or relating to the use of the Site. Any cause of action by you with respect to the Site must be instituted within one (1) year following the accrual of the cause of action or be forever waived and barred. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.No Unlawful Or Prohibited Use
As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. All users must comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Site.Account Passwords And Security
Certain features or services offered on or through the Site may require you to open an account by setting up an ID and password. You are entirely and solely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You may not use anyone else's ID, password or account at any time without the express written permission and consent of the holder of that ID, password or account. CollegeMedium cannot and will not be held liable for any loss or damage arising from your failure to comply with these obligations.Content
All Content posted on, transmitted through or linked from the Site is the sole authorship and responsibility of the user from which such content originated. "Content" refers to the listings, messages, text, photographs, sounds, music, artwork or other materials. You, as a user, are solely responsible for all content that you publish, exhibit, display or transmit (herein, "Post") on the Site or send to other users via the Site. You acknowledge that all postings are public and not private communications. Further, you acknowledge that all postings by users are not reviewed, screened, edited or otherwise approved or disapproved by CollegeMedium. You acknowledge that CollegeMedium is not responsible for content made available through the Site by users. You acknowledge that you will not hold CollegeMedium responsible for other users' actions or inactions, including things they post. By using the site, you acknowledge that posted content you encounter may be unlawful, inaccurate, incorrect, disingenuous, deceptive, hateful, offensive, indecent, or distasteful. You agree that you are solely responsible for your reliance or non-reliance on any content, and you represent that you bear all risks associated with the use or non-use of any content. You agree that under no circumstances will CollegeMedium be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of or reliance on any content posted, transmitted or otherwise made available via the Site. CollegeMedium is not involved in and does not have control over the actual transaction between buyers and sellers. It has no control over and does not guarantee the quality, value, safety or legality of items advertised, the truth or accuracy of listings, the capacity of sellers to sell items, the capacity of buyers to pay for items, or that a buyer or seller will actually complete a transaction. It does not transfer legal ownership of items from the seller to the buyer, nor does CollegeMedium hold any property in trust for any users. You acknowledge that while CollegeMedium does not pre-screen or approve content, CollegeMedium has the right, but is not obligated, to refuse, delete or move any content that is available via the Site, which CollegeMedium, in it's sole judgment, considers offensive, or illegal, or which violates the Terms, or for any other reason.Third Party Content, Sites, And Services
The Site may contain links to other independent third-party Web sites ("Links"). These links are provided solely as a convenience to our users. Such Links are not under CollegeMedium's control, and CollegeMedium is not responsible for and does not endorse the content of such Links, including any information or materials contained on such links. CollegeMedium's inclusion of Links to the Site does not imply any endorsement of the material on such Links or any association with their operators. You will need to make your own independent judgment regarding your interaction with these links. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that CollegeMedium shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You are solely responsible for your interactions with other users. CollegeMedium reserves the right, but has no obligation, to monitor disputes between you and other users. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that CollegeMedium is under no obligation to become involved. Should you have a dispute with one or more users, you hereby release CollegeMedium, its members, employees, agents, and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, indirect, exemplary, incidental, or punitive resulting from, or in any way associated with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."Content License
While CollegeMedium does not claim ownership of the content that users post, some rights are needed for CollegeMedium to host and display such content. As such, you acknowledge that whenever you post content on the Site, you automatically grant, and warrant that you have the right to grant, CollegeMedium a non-exclusive, worldwide, perpetual, irrevocable, royalty free, fully paid, sublicense-able (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the near future. In addition, by posting content on the site you also grant CollegeMedium all rights necessary to prevent and prohibit any subsequent display, aggregation, duplication, reproduction, or copying of the content on the Site by any party for any purpose whatsoever.Copyright Infringement Policy
College Medium takes intellectual property rights of others very seriously. If you believe your work has been copied in a way that constitutes copyright infringement, please contact us at misc@collegemedium.com. Please provide the following information:- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A detailed description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Privacy Policy
College Medium takes your privacy very seriously. Please click here to view College Medium's privacy policy. Please note, however, that by using the site, you acknowledge that internet transmissions are never completely secure, and that any message or information you send to or via the Site may be read or intercepted by others.Conduct
While using this site, you will not:- Post or make available any content that will violate or infringe upon the rights of any third party, including but not limited to any content that you do not have a right to make available.
- Post or make available any content with libelous, defamatory, harmful, threatening, abusive, harassing, vulgar, hateful, or otherwise unlawful or objectionable material.
- Use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site.
- Accumulate information about users, including, but not limited to e-mail addresses, for the purposes of sending unsolicited e-mails or other unsolicited communications, or for any other purposes.
- Post or make available any content that harasses, disparages or is hateful toward an individual or group of individuals on the basis of race, color, national origin, sex, religion, sexual orientation, age, or disability.
- Attempt to gain unauthorized access to CollegeMedium's computer systems or engage in any activity that disrupts or impairs the functionality of the Site.
- Post false, inaccurate, deceptive, deceitful, unreliable or misleading content (including but not limited to personal information misrepresenting your affiliation with a person or entity, and misleading or false descriptions for items listed).
- Post or distribute spam, chain letters, pyramid schemes, or other unsolicited emails or communication.
- Post or make available any form of advertising or solicitation on the Site without the express written permission of CollegeMedium. This includes, but is not limited to, Links to commercial services or other websites.
- Post or make available any content advertising any illegal services or sale of illegal or restricted items.
- Post, make available or distribute any content with viruses or any other technologies that may harm the Site, or the interests or property of other users or third parties.
- Contact anyone who has asked not to be contacted
- Impose an unreasonable or large load on our infrastructure
- Transfer your account to another user
- Post the same item in more than one category
- Utilize an automated posting device, or utilize any device or program that enables the submission of postings on the Site without each posting being manually entered by the author.
- Violate the Fair Housing Act
- Violate any other Federal, state, municipal or local law, rule or regulation
General Disclaimer
CollegeMedium cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. CollegeMedium does not promise that the Site or any Content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are delivered on an "as is" and "as available" basis without warranty of any kind. CollegeMedium hereby disclaims all warranties and conditions, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. CollegeMedium disclaims any and all liability for the acts, omissions and conduct of any users or third parties in connection with or related to your use of the Site. CollegeMedium disclaims any warranties for the security, reliability, timeliness, accuracy and performance of the Site. CollegeMedium disclaims any warranties for services or goods received through or advertised on the site or accessed through any links on the site. CollegeMedium disclaims any warranties for viruses or other harmful components accessed in connection with the Site. You assume total responsibility for your use of the site and any related linked sites. your sole remedy against CollegeMedium for dissatisfaction with the site, it's features-including but not limited to the text messaging and alert feature-or any content is to stop using the site or any such content and features. STUDENT ACCOUNTS ARE NOT VERIFIED TO ENSURE THAT THE ACCOUNT HOLDERS ARE INDEED STUDENTS IN THE INSTITUTIONS THEY CLAIM. AS SUCH COLLEGEMEDIUM DOES NOT REPRESENT THAT STUDENT ACCOUNTS ARE OWNED BY STUDENTS. YOU ASSUME TOTAL RESPONSIBILITY FOR ALL TRANSACTIONS PERFORMED WITH OR BETWEEN INDIVIDUALS CLAIMING TO BE STUDENTS. YOU ASSUME TOTAL RESPONSIBILITY FOR RELIANCE ON ANY INFORMATION PROVIDED BY ANY USERS, INCLUDING INFORMATION ABOUT THEM. In no event shall CollegeMedium be liable for any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, indirect, exemplary, incidental, special or punitive damages arising out of, or in any way connected with, the use of the Site or with the delay or inability to use the Site, or for any information, software, products and services obtained through the site. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." You acknowledge that CollegeMedium may establish limits concerning use of the Site, including but not limited to, the maximum number of days that posted content will be retained, the maximum number of postings, and number of messages.Indemnity
You agree to indemnify and hold CollegeMedium and it's members, agents, employees, and other affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of the Terms or your violation of any law or the rights of a third party.Miscellaneous
The Terms constitutes the entire agreement between you, the user, and CollegeMedium with respect to the Site, superseding all prior or contemporaneous agreements between the user and CollegeMedium. CollegeMedium's failure to insist on or enforce strict performance of the Terms shall not be construed as a waiver by CollegeMedium of any provision or any right it has to enforce the Terms. CollegeMedium's failure to act with respect to a breach by you or others does not waive its right to act with respect to similar or subsequent breaches. In addition, no course of conduct between CollegeMedium and you or any other party shall be deemed to modify any provision of these Terms. You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these terms be evidenced by a written document.Prohibited Items
The following is a listing of items prohibited items. Note that this is not a comprehensive list, rather it is a guide based on regulations imposed by the State of Georgia, where the CollegeMedium system is housed. Please research the regulations in your state to determine the legality of your transactions.- Obscene material (including pornography).
- Government or Transit uniforms.
- Weapons and related items, including the following:
- Martial arts weapons
- Firearms and firearm accessories
- Ammunition, Scopes and Silencers
- Switchblade knives
- Explosive devices
- If a seller cannot verify the authenticity of an item, the seller is not permitted to list it.
- Fireworks, explosives, or other hazardous materials or chemicals.
- Postage meters.
- Gambling Items
- Cigarettes, illegal drugs, drug paraphernalia, (including items to grow, manufacture, or distribute such substances)
- Alcohol or tobacco products.
- Any item that is counterfeit or stolen, including "knock-off" brand name goods, "replica's" or inauthentic goods.
- Unauthorized copies of software, movies, video games, photos, music, or other media.
- Prescription drugs and medical devices, including any medical device that requires fitting by a certified practitioner or licensed seller
- Any item that glorifies, promotes, or is primarily known for hateful and violent positions such as the Ku-Klux Klan or Nazis.
- Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or art or craft material containing toxic substances without a warning label.
- Government issued identification documents, whether authentic or counterfeit.
- Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers or cable descramblers
- CollegeMedium strictly forbids the sale of stolen property, which violates state, federal and international law. CollegeMedium strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on the Site.
- Burglary tools, such as lock-picks or motor vehicle master keys
- Stock, calls, putts, bonds, derivatives, options, warrants or other securities.
- Insider information.
- Counterfeit currency, coins and stamps, as well as equipment designed to make them.
- Blood, bodies, bodily fluids or body parts.
- Any item that violates any US export law or regulation
- Animals and animal parts; endangered and domesticated.
Advertising Terms & Conditions
The following terms and conditions (“Advertising Terms and Conditions”) are deemed to be incorporated into each advertising order accepted by CollegeMedium LLC (“CollegeMedium”) to be displayed on CollegeMedium.com (“The Site”).
“The Buyer” means the person or organization who places with CollegeMedium the Order for the insertion of the Advertisement. This person or organization may be the advertiser of the product or service, (“the Advertiser”) or the Advertiser’s authorized advertising agency or media buyer;
“The Order” means the request for the electronic publishing of the Advertisement accepted by CollegeMedium including, among other matters, the rate for the publishing of the Advertisement, the number of impressions, technical specifications, the positioning and location of the Advertisement and appearance dates and into which the Advertising Terms and Conditions are deemed to be incorporated;
“The Site” means CollegeMedium.com
CollegeMedium has the right at its absolute discretion to decline to publish, to omit, suspend, reject or cancel any Advertisement, Order, URL link, or position commitment or remove any Advertisement from any of CollegeMedium’s properties, Site or any page on the Site. The contents of any advertisement are subject to CollegeMedium’s approval. CollegeMedium does not undertake to review the contents of any Advertisements and any such review of and/or approval by CollegeMedium will not be deemed to constitute an acceptance by CollegeMedium that any such advertisement is provided in accordance with these Advertising Terms and Conditions nor will it constitute a waiver of CollegeMedium’s rights hereunder.
CollegeMedium’s Website disclaimers may include a notice to a person following a link from the Advertisement that the person is leaving the Website and CollegeMedium is not responsible for the content of the Website accessed by that link.
The Buyer acknowledges that CollegeMedium has not made any guarantees with respect to usage statistics or levels of impressions for the Advertisement except as may be set out and expressly consented to in the Order.
CollegeMedium shall not be bound by a stop order or cancellation or transfer of any Advertisement unless it meets the requirements specified by CollegeMedium in the Insertion Order and any such instruction otherwise than prior to the deadline thereof shall not (even though it be followed by CollegeMedium) affect the Buyer’s liability for payment for the Advertisement. CollegeMedium may treat as a cancellation the fact that the Buyer is in breach of any of these Advertising Terms and Conditions.
In the absence of any other specific arrangement between CollegeMedium and the Buyer, payment with regards to the Advertisement is due in advance of displaying the advertisement except where CollegeMedium has agreed to allow credit to the Buyer, in which case the due time for payment shall be 30 days from date of invoice.
Payment shall mean the receipt by CollegeMedium money transferred electronically through the google checkout system, except where CollegeMedium has agreed to allow credit to the Buyer, in which case payment shall mean the receipt by CollegeMedium at its principal place of business (or elsewhere as it may direct) of a check or at its bank money transferred electronically.
In the event of any failure by the Buyer to make payment the Buyer will be responsible for all expenses (including legal fees), incurred by CollegeMedium.
Except as otherwise expressly provided for in the Order the positioning of the Advertisement on the Website or on any pages is at the discretion of CollegeMedium and unless otherwise stated in the Order CollegeMedium will not be prohibited from also carrying advertisements for any product or business competitive to the product or business of the Advertiser.
CollegeMedium does not warrant the date or period during which the Advertisement will be displayed and does not warrant that the Advertisement will not be displayed after any end date specified.
CollegeMedium shall be entitled and the Buyer grants an express right to CollegeMedium to reproduce any part of the Website containing all or part of the Advertisement on any promotional or advertising material promoting or advertising the Website.
In no event will CollegeMedium be responsible for any indirect, incidental, consequential, special or economic loss of any kind including without limitation loss of profits, business, contracts, revenues, goodwill, production or anticipated savings arising out of or in connection with the publishing of the Advertisement on the Site, any failure to publish the Advertisement in a timely manner or at all in accordance with the provisions of the Order or these Advertising Terms and Conditions or any other breach by CollegeMedium of the Order or these Advertising Terms and Conditions. CollegeMedium attempts to provide a constructive interactive service on the Site but shall not be responsible for the acts, defaults, misconduct or negligence of any other users of the Site or any other advertisers on the Site.
CollegeMedium shall not be in breach of these Advertising Terms and Conditions or under any liability for any delay, loss, or damage caused wholly or in part by any act of God, governmental restriction, fire, flood, power failure, condition or control breakdown, malfunction in any telecommunication system computer service, link failures, power difficulties, telephone outages, network overload, default or failure of a third party, or by any other act, matter, or thing beyond its reasonable control.
1) Definitions
“The Advertisement” means an electronic advertisement, link, image, message, text or content to be placed on The Site as described in the Order.“The Buyer” means the person or organization who places with CollegeMedium the Order for the insertion of the Advertisement. This person or organization may be the advertiser of the product or service, (“the Advertiser”) or the Advertiser’s authorized advertising agency or media buyer;
“The Order” means the request for the electronic publishing of the Advertisement accepted by CollegeMedium including, among other matters, the rate for the publishing of the Advertisement, the number of impressions, technical specifications, the positioning and location of the Advertisement and appearance dates and into which the Advertising Terms and Conditions are deemed to be incorporated;
“The Site” means CollegeMedium.com
2) Buyers warranties
The Buyer warrants that:-- it has the right to publish all of the contents of the Advertisement and automatically grants CollegeMedium the right to market, display, perform, transmit and promote the Advertisement through the Site and users of the site have the right to access and use the Advertisement together with any content or materials linked to the Advertisement
- the reproduction and/or publication of the Advertisement by CollegeMedium as originally submitted or amended will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render CollegeMedium liable to any proceedings whatsoever;
- concerning the Advertisement, the Buyer contracts with CollegeMedium as a principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity;
- any information supplied in connection with the Advertisement is accurate, complete and does not contain information which is defamatory, obscene, false or misleading (including but not limited to personal information misrepresenting your affiliation with a person or entity);
- any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy;
- in relation to any investment Advertisement, the Advertiser is, or its contents have been approved by, an authorized person within the meaning of the securities act of 1933 and the securities exchange act of 1934, and the Advertisement is permitted under those Acts;
- each Advertisement complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutorily recognized regulatory authorities and the law of the United States) for the time being in force or applicable in the United States or in any other territory where the Advertisement is to be shown and directed to the residents of that territory. The Buyer accepts responsibility for notifying CollegeMedium of any restrictions which should be placed on the display of an Advertisement in any territories;
- no hypertext link from any Advertisement to the Advertiser’s Website will render CollegeMedium liable to any proceedings whatsoever and CollegeMedium will be promptly advised of any changes which would affect the functioning of the link and all necessary steps will be taken to correct any malfunction of any such hypertext link; and
3) Grant
CollegeMedium agrees to electronically publish the Advertisement on the Site as specified in the Order in accordance with the provisions noted above.4) Indemnity
The Buyer agrees promptly and fully to indemnify and keep indemnified CollegeMedium and hold CollegeMedium harmless against any and all expenses, damages, liability, claims and losses of any kind (including reasonable legal fees and costs) incurred by CollegeMedium in connection with any claims actual or threatened, of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, breach of any statutory or regulatory duty, false or misleading advertising or sales practices) arising from an Advertisement and/or any material (of the Advertiser or otherwise) to which users can link through an Advertisement or as a result of any breach or non-performance of any of the representations, warranties or other terms contained in these Advertising Terms and Conditions or implied by law and the indemnity may, without limitation, be claimed as a debt or liquidated demand.5) Company’s rights to amend and/or reject advertisement
CollegeMedium may, without derogation from the warranties contained in Clause 3, refuse or require to be amended any artwork, materials and copy for or relating to an Advertisement so as:-- to comply with the legal or moral obligations placed on CollegeMedium or the Buyer or the Advertiser; or
- to avoid infringing a third party’s rights or to comply with the production and quality specifications stipulated or referred to in the Order or within these Advertising Terms and Conditions.
CollegeMedium has the right at its absolute discretion to decline to publish, to omit, suspend, reject or cancel any Advertisement, Order, URL link, or position commitment or remove any Advertisement from any of CollegeMedium’s properties, Site or any page on the Site. The contents of any advertisement are subject to CollegeMedium’s approval. CollegeMedium does not undertake to review the contents of any Advertisements and any such review of and/or approval by CollegeMedium will not be deemed to constitute an acceptance by CollegeMedium that any such advertisement is provided in accordance with these Advertising Terms and Conditions nor will it constitute a waiver of CollegeMedium’s rights hereunder.
CollegeMedium’s Website disclaimers may include a notice to a person following a link from the Advertisement that the person is leaving the Website and CollegeMedium is not responsible for the content of the Website accessed by that link.
The Buyer acknowledges that CollegeMedium has not made any guarantees with respect to usage statistics or levels of impressions for the Advertisement except as may be set out and expressly consented to in the Order.
6) Payment
The Buyer shall pay to CollegeMedium the rate set out in the Order for the publishing of any Advertisement including taxes (where applicable) on any amounts due.CollegeMedium shall not be bound by a stop order or cancellation or transfer of any Advertisement unless it meets the requirements specified by CollegeMedium in the Insertion Order and any such instruction otherwise than prior to the deadline thereof shall not (even though it be followed by CollegeMedium) affect the Buyer’s liability for payment for the Advertisement. CollegeMedium may treat as a cancellation the fact that the Buyer is in breach of any of these Advertising Terms and Conditions.
In the absence of any other specific arrangement between CollegeMedium and the Buyer, payment with regards to the Advertisement is due in advance of displaying the advertisement except where CollegeMedium has agreed to allow credit to the Buyer, in which case the due time for payment shall be 30 days from date of invoice.
Payment shall mean the receipt by CollegeMedium money transferred electronically through the google checkout system, except where CollegeMedium has agreed to allow credit to the Buyer, in which case payment shall mean the receipt by CollegeMedium at its principal place of business (or elsewhere as it may direct) of a check or at its bank money transferred electronically.
In the event of any failure by the Buyer to make payment the Buyer will be responsible for all expenses (including legal fees), incurred by CollegeMedium.
7) Renewal
Except as expressly set out in the Order any renewal of the Order or acceptance of any additional advertising Order will be at CollegeMedium’s sole discretion and the rates applicable to such renewal period are subject to change by CollegeMedium from time to time in its absolute discretion.8) Positioning and license
CollegeMedium is hereby granted a worldwide non-exclusive, fully paid license to reproduce and display each Advertisement (including all contents, trademarks and brand features contained therein) in accordance the provisions of these Advertising Terms and Conditions.Except as otherwise expressly provided for in the Order the positioning of the Advertisement on the Website or on any pages is at the discretion of CollegeMedium and unless otherwise stated in the Order CollegeMedium will not be prohibited from also carrying advertisements for any product or business competitive to the product or business of the Advertiser.
CollegeMedium does not warrant the date or period during which the Advertisement will be displayed and does not warrant that the Advertisement will not be displayed after any end date specified.
CollegeMedium shall be entitled and the Buyer grants an express right to CollegeMedium to reproduce any part of the Website containing all or part of the Advertisement on any promotional or advertising material promoting or advertising the Website.
9) Provision of advertisement
Where the Buyer is the Advertiser’s advertising agency, the Buyer warrants that it is authorized by the Advertiser to place the Advertisement with CollegeMedium and the Buyer will indemnify CollegeMedium against any claim made by the Advertiser against CollegeMedium arising from the publication thereof.10) Limitation of liability
If CollegeMedium fails to publish the Advertisement or deliver the number of impressions as provided for in the Order (or in the event of any other failure, technical or otherwise, of such Advertisement to appear as provided for in the Order), CollegeMedium’s liability will be limited to publishing the Advertisement (or a replacement Advertisement if provided by the Buyer) as soon as is reasonably practicable in the period following the period during which the Advertisement was scheduled to run and for such time as is necessary to generate a number of substitute impressions equal to the shortfall.In no event will CollegeMedium be responsible for any indirect, incidental, consequential, special or economic loss of any kind including without limitation loss of profits, business, contracts, revenues, goodwill, production or anticipated savings arising out of or in connection with the publishing of the Advertisement on the Site, any failure to publish the Advertisement in a timely manner or at all in accordance with the provisions of the Order or these Advertising Terms and Conditions or any other breach by CollegeMedium of the Order or these Advertising Terms and Conditions. CollegeMedium attempts to provide a constructive interactive service on the Site but shall not be responsible for the acts, defaults, misconduct or negligence of any other users of the Site or any other advertisers on the Site.
CollegeMedium shall not be in breach of these Advertising Terms and Conditions or under any liability for any delay, loss, or damage caused wholly or in part by any act of God, governmental restriction, fire, flood, power failure, condition or control breakdown, malfunction in any telecommunication system computer service, link failures, power difficulties, telephone outages, network overload, default or failure of a third party, or by any other act, matter, or thing beyond its reasonable control.