The following terms and conditions govern all use of the MYCOLLEGEFLEAMARKET.COM website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by MYCOLLEGEFLEAMARKET. 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 and procedures that may be published from time to time on this Site by MYCOLLEGEFLEAMARKET (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the web site. 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 MYCOLLEGEFLEAMARKET, acceptance is expressly limited to these terms.
Your Account
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MYCOLLEGEFLEAMARKET may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause MYCOLLEGEFLEAMARKET liability. You must immediately notify MYCOLLEGEFLEAMARKET of any unauthorized uses of your account or any other breaches of security. MYCOLLEGEFLEAMARKET will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you post material to the Website, post links on the Website, 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, or computer software. 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, 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 obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; 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 MYCOLLEGEFLEAMARKET or otherwise.
Without limiting any of those representations or warranties, MYCOLLEGEFLEAMARKET has the right (though not the obligation) to, in MYCOLLEGEFLEAMARKET’s sole discretion (i) refuse or remove any content that, in MYCOLLEGEFLEAMARKET’s reasonable opinion, violates any MYCOLLEGEFLEAMARKET 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 MYCOLLEGEFLEAMARKET sole discretion. MYCOLLEGEFLEAMARKET will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
MYCOLLEGEFLEAMARKET has not reviewed, and cannot review all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MYCOLLEGEFLEAMARKET 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. MYCOLLEGEFLEAMARKET 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.
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 web pages to which MYCOLLEGEFLEAMARKET.COM links, and that link to MYCOLLEGEFLEAMARKET.COM. MYCOLLEGEFLEAMARKET does not have any control over those non-MYCOLLEGEFLEAMARKET.COM websites and web pages, and is not responsible for their contents or their use. By linking to a non-MYCOLLEGEFLEAMARKET.COM website or webpage, MYCOLLEGEFLEAMARKET 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. MYCOLLEGEFLEAMARKET disclaims any responsibility for any harm resulting from your use of non- MYCOLLEGEFLEAMARKET websites and web pages.
Copyright Infringement and DMCA Policy
As MYCOLLEGEFLEAMARKET 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 MYCOLLEGEFLEAMARKET.COM violates your copyright, you are encouraged to notify MYCOLLEGEFLEAMARKET in accordance with MYCOLLEGEFLEAMARKET’s Digital Millennium Copyright Act (”DMCA”) Policy. MYCOLLEGEFLEAMARKET will respond to all such notices, including as required or appropriate by MYCOLLEGEFLEAMARKET 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 MYCOLLEGEFLEAMARKET or others, MYCOLLEGEFLEAMARKET may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MYCOLLEGEFLEAMARKET will have no obligation to provide a refund of any amounts previously paid to MYCOLLEGEFLEAMARKET.
Intellectual Property
This Agreement does not transfer from MYCOLLEGEFLEAMARKET to you any MYCOLLEGEFLEAMARKET or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MYCOLLEGEFLEAMARKET. MYCOLLEGEFLEAMARKET and all other trademarks, service marks, graphics and logos used in connection with MYCOLLEGEFLEAMARKET.COM, or the Website are trademarks or registered trademarks of MYCOLLEGEFLEAMARKET or MYCOLLEGEFLEAMARKET’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 MYCOLLEGEFLEAMARKET or third-party trademarks.
Changes
MYCOLLEGEFLEAMARKET 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. MYCOLLEGEFLEAMARKET 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.
Termination
MYCOLLEGEFLEAMARKET 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 account, 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.
Disclaimer of Warranties
The Website is provided “as is”. MYCOLLEGEFLEAMARKET 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 MYCOLLEGEFLEAMARKET nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MYCOLLEGEFLEAMARKET BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MYCOLLEGEFLEAMARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MYCOLLEGEFLEAMARKET SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MYCOLLEGEFLEAMARKET SITE OR THE SERVICE, FROM INABILITY TO USE THE MYCOLLEGEFLEAMARKET SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MYCOLLEGEFLEAMARKET SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MYCOLLEGEFLEAMARKET SITE OR THE SERVICE OR ANY LINKS ON THE MYCOLLEGEFLEAMARKET SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MYCOLLEGEFLEAMARKET SITE OR THE SERVICE OR ANY LINKS ON THE MYCOLLEGEFLEAMARKET SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the MYCOLLEGEFLEAMARKET 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.
Indemnification
You agree that MYCOLLEGEFLEAMARKET shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MYCOLLEGEFLEAMARKET is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MYCOLLEGEFLEAMARKET, its officers, 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, arising out of or in any way related to such disputes and / or our service. 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."
Conduct
You agree not to post, email, or otherwise make available Content:
A) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
B) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
C) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
D) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
E) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
F) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
G) that impersonates any person or entity, including, but not limited to, a MYCOLLEGEFLEAMARKET employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
H) that includes personal or identifying information about another person without that person's explicit consent;
I) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
J) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
K) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
L) that constitutes or contains any form of advertising or solicitation if: posted in areas of the MYCOLLEGEFLEAMARKET sites which are not designated for such purposes; or emailed to MYCOLLEGEFLEAMARKET users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
M) that includes links to commercial services or web sites, except as allowed in "services";
N) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law.
O) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
P) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
Q) that employs misleading email addresses, or forged headers or otherwise manipulated identifier in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
R) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
S) "stalk" or otherwise harass anyone;
T) collect personal data about other users for commercial or unlawful purposes;
U) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by MYCOLLEGEFLEAMARKET;
V) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
W) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
X) attempt to gain unauthorized access to MYCOLLEGEFLEAMARKET’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MYCOLLEGEFLEAMARKET website; or
Y) use any form of automated device or computer program that enables the submission of postings on MYCOLLEGEFLEAMARKET without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
Z) use any form of automated device or computer program ("flagging tool") that enables the use of MYCOLLEGEFLEAMARKET’s flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOS;
Miscellaneous
This Agreement constitutes the entire agreement between MYCOLLEGEFLEAMARKET and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MYCOLLEGEFLEAMARKET, or by the posting by MYCOLLEGEFLEAMARKET 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 state of New York, 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 Nassau County, New York.
