CampusThrift Terms & Conditions
(Last updated on April 17, 2023)
These Terms of Use are entered into between Stancil Ventures, LLC a
company registered in Texas whose registered office is at 14106 Rocksprings Ct.
Dallas, TX 75254 (hereinafter 'CampusThrift' or 'we') and any individual who
registers on the Service (hereinafter 'you' or 'your'). CampusThrift offers
services which aim to facilitate commerce between university students in the
United States through electronic communications networks, including, without
limitation, the website ‘mycampusthrift.com’ and the downloadable CampusThrift
applications (the 'Service').
By creating a profile ('Profile') and using the Service, you acknowledge
that you are fully informed of and agree to be bound by these (i) terms of use
('Terms & Conditions'), (ii) our Privacy
Policy and Cookie
Policy, and any terms disclosed and agreed to by you if you purchase
additional features, products or services we offer on the Service, which
constitute an agreement between you and CampusThrift ('Agreement'). In case you
do not agree to be bound by all of the terms of this Agreement, please do not
use the Service.
The services offered by CampusThrift are for adults only. You must
be at least 18 years old to create a Profile and use the Service. By creating a
Profile and using the Service, you represent and warrant that:
· You can
form a binding contract with CampusThrift.
· You are a
current student at a university
· You will
comply with this Agreement and all applicable laws and regulations.
· You will
provide correct, accurate and true information that is not misleading, and that
you will promptly update in case of any changes.
· You have
never been convicted of a felony or indictable offense (or crime of similar
severity), a sex crime, or any crime involving violence.
You can gain access to the Service and become a member (hereinafter
'Member') of CampusThrift by creating a Profile on the Service for free.
You may sign in/up using your institution-provided email and
password. More information regarding the information we collect from you and
how we use it, please consult our Privacy
Policy.
CampusThrift has the right to decline any request for membership if
you do not meet the conditions for registration. No Member may sign up more
than once, not even by using a different name or email. The membership is
personal to the Member and cannot be assigned or transferred to third parties.
You are responsible for maintaining the confidentiality of
usernames, logins, passwords and/or other entry codes you use to sign up for CampusThrift
(login credentials). Therefore, you are solely responsible for all activities
that occur under those login credentials. This includes all actions or
statements made by an intermediary using your account, whether they are
fraudulent or not. You will indemnify CampusThrift for any claim arising in
connection with these, other than in the event of fault exclusively
attributable to CampusThrift or technical failure of the Services. If you have
reason to believe that someone is using your login credentials, please
immediately inform CampusThrift by sending an e-mail to support@mycampusthrift.com
You may delete your CampusThrift account at any time, for any
reason, by emailing support@mycampusthrift.com . CampusThrift
may also terminate or suspend your membership at any time if it appears that
you have violated the terms of the Agreement. Such termination or suspension
can take place without prior notice. Following such termination or suspension,
you cannot attempt to register as a Member or make use of the Service, unless
we inform you that the suspension was lifted.
In order to use the Service, you agree to comply with the Agreement
and with applicable laws and regulations, and to respect the rights of other
Members. In particular, you agree to:
· Use the
Service while respecting its purpose, which is to allow university students to
buy and sell (or exchange) items between themselves. You must not use this
Service to sell any illicit goods or services, and doing so will result in the
deletion of your account and notification of the proper authorities as
warranted.
· Respect
the intellectual property rights of the content disseminated on the Service, as
well as the content provided by other Members. Thus, you agree not to copy,
modify, transmit, create any derivative works from, make use of, or reproduce
in any way any copyrighted material, images, trademarks, trade names, service
marks, or other intellectual property, content or proprietary information
accessible through the Service without CampusThrift prior written consent.
· Ensure
that you define the limits of your private life and that you do not communicate
confidential, sensitive or financial information through the Service.
Furthermore, you agree that you will not:
· insult
other Members or post any statement or content that is defamatory, abusive,
obscene, offensive, violent, political, racist, xenophobic, sexually explicit
or pornographic. You will not post any statement or content that incites
violence, contains nudity or is offending human dignity. In general, you will
not post any statement or content contrary to the purpose of the Service or to
applicable laws and regulations;
· use the
Service for solicitation or prostitution;
· use the
Service in any way that could interfere with, disrupt or negatively affect the
Service or the servers or networks connected to the Service;
· harm other
visitors of the Service by installing computer viruses or other malware;
· share any
misleading, harassing, threatening, defamatory or tormenting content;
· bully,
stalk and harass other Members;
· try to
convince other Members of your political or religious views. Excessive use of
national or religious symbols won't be tolerated;
· impersonate
any other person or use another Member’s account. You may only post content
that relates to your true identity;
· share any
illegal content or content that may encourage conduct that would be considered
a criminal offense. Photos with weapons are not allowed;
· post
content that infringes other people's intellectual property or portrait rights,
including rights of publicity, privacy, copyright, trademark or other
intellectual property or contract right. This means you cannot copy other
people's materials or photos without their explicit permission;
· post,
display or disseminate, in any form whatsoever, information or content
incorporating hyperlinks to third-party websites on the Service that are
illegal, immoral and/or not in conformity with the purpose of the Service;
· disseminate
someone else’s personal information on the Service without his or her
permission.
In case of an illegal and/or unauthorized use of the Service, CampusThrift
may permanently or temporarily prohibit all access to the Service or terminate
your account. In case of a criminal offense committed by a Member, CampusThrift
may take any available legal action, including – when necessary - transfer of
that Member's personal data to the competent authorities. All of this can be
done without prior notification to the Member concerned. More information on
how we process your personal data can be found in our Privacy
Policy.
YOU AGREE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TO
INDEMNIFY, DEFEND AND HOLD HARMLESS CAMPUSTHRIFT, OUR AFFILIATES, AND THEIR AND
OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AGAINST ALL
COMPLAINTS, DEMANDS, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES AND EXPENSES.
THIS INCLUDES ATTORNEY’S FEES, DUE TO, ARISING OUT OF, OR RELATING IN ANY WAY
TO YOUR ACCESS TO OR USE OF THE SERVICE, INFORMATION AND/OR OTHER MATERIAL
SHARED ON THE SERVICE BY YOU AND/OR ARISING FROM OR DUE TO ANY BREACH OF THE
AGREEMENT.
6.1 Keeping the Service a safe and friendly
environment is important both for you and for us. As a result, Members
acknowledge and accept that content they provide, as well as their behavior or
comments made through the Service, may be reported by other Members and may be
subject to acts of moderation and/or control by CampusThrift on the basis of
specific assessment criteria. If you see content or experience behavior on the
Service that violates this Agreement, please report it to us in a timely manner
by emailing support@mycampusthrift.com. If CampusThrift
considers your complaint to be justified, such offending content will be
removed as soon as possible.
6.2 You agree to take reasonable precautions when
you interact with other Members, particularly if you decide to communicate off
the Service or meet in person. If you post and/or disclose to other Members any
confidential or sensitive information, such as personal information (surname,
postal address, email, telephone number…) or financial information (e.g.,
credit card or bank account information), then you do so entirely at your own
risk.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER
MEMBERS. YOU UNDERSTAND THAT CAMPUSTHRIFT DOES NOT CONDUCT CRIMINAL BACKGROUND
CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRES INTO THE BACKGROUND OF ITS MEMBERS,
AND IS NOT OBLIGED AND DOES NOT HAVE THE TECHNICAL MEANS TO VERIFY THE IDENTITY
OF INDIVIDUALS REGISTERING ON THE SERVICE. CAMPUSTHRIFT MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. THEREFORE CAMPUSTHRIFT
EXCLUDES ALL LIABILITY IN CONNECTION WITH EVENTS OF ANY NATURE WHICH COULD TAKE
PLACE BETWEEN MEMBERS DURING ONLINE INTERACTIONS, WHETHER ON OR OFF THE
SERVICE, OR IF YOU MEET IN PERSON.
From time to time, CampusThrift may offer products and services for
purchase ('In-App Purchases') through iTunes, Google Play, carrier billing, CampusThrift
direct billing or other payment platforms authorized by CampusThrift, If you
choose to make an In-App Purchase, you will be prompted to confirm your
purchase with the applicable payment provider, and your method of payment (be
it your card or a third-party account such as Google Play or iTunes) (your
'Payment Method') will be charged for the In-App Purchase at the prices
displayed to you for the service(s) you've selected, as well as any sales or
similar taxes that may be imposed on your payments, and you authorize CampusThrift,
or the third-party account, as applicable, to charge you.
By creating a Profile, you consent to CampusThrift providing you
with important notices about your account or services associated with the
Service. These notices can be shared directly on the Service, via app
notifications or with a banner notice across its pages, or through other means
associated with your account, like e-mail or phone.
The contact information you provide must be accurate or you may not
receive these notices. Please review your Settings to control what kind of
messages you receive from CampusThrift. You acknowledge and agree that we shall
have no liability associated with or arising from your failure to maintain
accurate contact or other information, including, but not limited to, your
failure to receive critical information and notifications.
9.1. CAMPUSTHRIFT PROVIDES THE SERVICE ON AN 'AS
IS' AND 'AS AVAILABLE' BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, CAMPUSTHRIFT GRANTS NO EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF
ANY KIND WITH RESPECT TO THE SERVICE OR ALL CONTENT CONTAINED THEREIN. THIS
INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CAMPUSTHRIFT
AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE
UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE
WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR
THROUGH THE SERVICE WILL BE ACCURATE.
In particular and without limitation:
· Even
though CampusThrift makes all reasonable efforts to ensure that the Service is
operational and free from errors, the nature of the Internet in general and
software in particular do not allow providing a continuous and error-free
operation. CampusThrift is not responsible for any lack of functionality, lack
of access or poor conditions of use of the Service due to unsuitable equipment,
to internal functionality failures of the Member’s equipment, to overload of
the Internet network, to force majeure or to all other reasons external to CampusThrift.
· The
operation of the Service may be interrupted temporarily due to maintenance,
updates or technical improvements, or to update the content and/or the way it
is presented. If possible, CampusThrift will notify its Members before any
maintenance operations or updates which may materially impact the Service.
9.2. CAMPUSTHRIFT TAKES NO RESPONSIBILITY FOR ANY
CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES
THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. CAMPUSTHRIFT
CANNOT BE HELD LIABLE FOR THE ACCURACY OR INACCURACY OF THE INFORMATION AND
CONTENT PROVIDED BY OTHER MEMBERS, AND/OR THE MEMBER HIMSELF, NOR THE CONSEQUENCES
FROM THE USE OF THIS INFORMATION AND CONTENT. SIMILARLY, CAMPUSTHRIFT CANNOT BE
HELD LIABLE FOR ANY CONTENT DISSEMINATED BY A MEMBER THAT MAY POTENTIALLY
INFRINGE THE RIGHTS OF ONE OR MORE OF THE OTHER MEMBERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
CAMPUSTHRIFT, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER
INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER
INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO
ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD
PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF CAMPUSTHRIFT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CAMPUSTHRIFT’S
AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE
AMOUNT PAID, IF ANY, BY YOU TO CAMPUSTHRIFT FOR THE SERVICE WHILE YOU HAVE AN
ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS
SECTION MAY NOT APPLY TO YOU.
CampusThrift is only liable for the Service and does not exercise
any control over third-party websites and external resources (third-party
websites or mobile applications, social networks, etc.) to which the hyperlinks
accessible on the Service may redirect. If you choose to interact with third
parties made available through our Service, such parties' terms will govern
your relationship with them. CampusThrift is not responsible or liable for such
third parties’ terms or actions.
This Agreement does not grant Members any rights, implied or
otherwise, to the content disseminated on the Service. All trademarks, logos,
graphics, software, photographs, animations, videos, text appearing on the
Service are the exclusive intellectual property of CampusThrift and its
licensors as may be applicable, and may not be reproduced, used, published,
distributed, sold or displayed without the express prior written permission of CampusThrift
or its licensors, subject to legal action.
The rights of use granted to the Member are limited to private and
personal use as part of and for the duration of the membership on the Service.
Any other use by the Member is prohibited. The Member is prohibited from, among
other actions, modifying, copying, creating a derivative work, disassembling or
otherwise attempt to extract the source code composing the Service,
downloading, broadcasting, transmitting, commercially exploiting and/or
distributing the Service or computer codes of the elements composing the
Service, in any way whatsoever, subject to legal action.
You warrant and represent that the information posted in your
Profile is posted by you and that you are the sole author of your Profile.
When you post, upload, display or enter data that is meant to be
viewable to the other Members, including but not limited to text, photos,
images, drawings or graphics for a profile, videos, etc., you grant to CampusThrift
a worldwide, transferable, sub-licensable, royalty-free right and license to
host, store, disseminate, display, reproduce, adapt, process, translate, modify
the content provided by you, fully or in part, to operate, develop, provide,
and improve the Service or develop new ones. In addition, any content may be
used to post on social media including, but not limited to, Facebook,
Instagram, and TikTok, for promotion of CampusThrift. These rights are granted
for the duration of the Agreement between you and CampusThrift and are subject
to your rights under applicable law.
1.
The exclusive means of resolving any dispute
or claim arising out of or relating to this Agreement (including any alleged
breach thereof) or the Service shall be BINDING ARBITRATION administered
by JAMS under the JAMS Streamlined Arbitration Rules & Procedures except as
modified by our Arbitration Procedures (see below). The one exception to the
exclusivity of arbitration is that either party has the right to bring an
individual claim against the other in a small-claims court of competent
jurisdiction, or, if filed in arbitration, the responding party may request
that the dispute proceed in small-claims court if the party’s claim is within
the jurisdiction of the small claims court. If the responding party requests to
proceed in small claims court before the appointment of the arbitrator, the
arbitration shall be administratively closed, and if requested after the
appointment of the arbitrator, the arbitrator shall determine if the dispute
should be decided in arbitration or if the arbitration should be administratively
closed and decided in the small-claims court. Whether you choose arbitration or
small-claims court, you may not under any circumstances commence or maintain
against the Company any class action, class arbitration, or other
representative action or proceeding.
2.
By using the Service in any manner, you agree
to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO
TO COURT to assert or defend any claims between you and CampusThrift (except
for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights
will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the
arbitrator shall determine all issues regarding the arbitrability of the
dispute. You are entitled to a fair hearing before the arbitrator. The
arbitrator can grant any relief that a court can, but you should note that
arbitration proceedings are usually simpler and more streamlined than trials
and other judicial proceedings. Decisions by the arbitrator are enforceable in
court and may be overturned by a court only for very limited reasons. For
details on the arbitration process, see our Arbitration Procedures.
3.
Any proceeding to enforce this arbitration
agreement, including any proceeding to confirm, modify, or vacate an
arbitration award, may be commenced in any court of competent jurisdiction. In
the event that this arbitration agreement is for any reason held to be
unenforceable, any litigation against CampusThrift (except for small-claims
court actions) may be commenced only in the federal or state courts located in
Dallas County, Texas. You hereby irrevocably consent to the jurisdiction of
those courts for such purposes.
4.
This Agreement, and any dispute between you
and the Company, shall be governed by the laws of the state of Texas without
regard to principles of conflicts of law, provided that this arbitration
agreement shall be governed by the Federal Arbitration Act.
If you believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information:
· an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest
· a
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 Service (and such description must be reasonably sufficient to enable us to
find the alleged infringing material)
· your
contact information, including address, telephone number and e-mail address
· a written
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
· 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.
Notice of claims of copyright infringement should be provided to
our support staff at support@mycampusthrift.com
CampusThrift will terminate the accounts of repeat infringers.
The bargaining system on the CampusThrift platform creates a legally binding contract (even if you do not manually accept an offer but it is accepted automatically). A seller and buyer are then obligated to fulfill the terms of purchase given no extenuating circumstances. The safety of our users is the highest priority, always. If a user is concerned about safety, they may always report the other user. If you are concerned about the safety of yourself or others, then please report the user and do not give out personal information or arrange a meetup.
Your personal data is processed in accordance with our Privacy
Policy. We strongly recommend that you read our Privacy
Policy to understand how we process your personal data, what your rights
are and how to exercise them.
We may update the content and/or features of the Service at any
moment in order to improve the quality of the Service. We may also modify the
Terms & Conditions at any moment. The most recent version will be posted on
the Service, and you should regularly check for the most recent version.
Modified versions will take effect thirty (30) days after being
published on the Service, and your continued use of the Service after the
changes become effective shall indicate your acceptance of the new version.
If changes to the Terms & Conditions negatively affect your
rights and obligations or affect a service for which you performed a payment,
you will be informed of the nature of these updates or modifications by
reasonable means, through notification or e-mail, when they are implemented on
the Service. In such case, you have the right to cancel this service and receive
a pro rata refund, provided you notify us within the aforementioned period of
thirty (30) days.
This Agreement is drafted in the English language. To the fullest
extent permitted under applicable law, if this Agreement is translated into any
language other than English, the English version shall control and prevail in
case of any discrepancies or ambiguities due to translation.
1. Arbitration is an alternative to litigation where a neutral
person (the arbitrator) hears and decides the parties’ dispute. Arbitration
proceedings are designed to provide parties with a fair hearing in a manner
that is faster and less formal than court proceedings. The following procedures
(the 'Arbitration Procedures') are applicable to all arbitration proceedings
involving you and CampusThrift. The arbitration will be administered by JAMS
pursuant to its Streamlined Arbitration Rules (the 'JAMS Rules'), as modified
by these Arbitration Procedures. If there is any inconsistency between the JAMS
Rules and these Arbitration Procedures, the Arbitration Procedures will
control. However, if the arbitrator determines that strict application of the
Arbitration Procedures would not result in a fundamentally fair arbitration,
the arbitrator may make any order necessary to provide a fundamentally fair
arbitration that is consistent with the JAMS Rules.
2. Commencing an Arbitration. To commence an arbitration against CampusThrift,
you must complete a short form, submit it to JAMS, and send a copy to CampusThrift
at Stancil Ventures, 14106 Rocksprings Ct. Dallas, TX 75254. To learn more about
commencing an arbitration and to obtain a form to institute arbitration, please
visit the JAMS website and download the form available at: https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf.
3. Fees. You are responsible for paying your portion of the fees
set forth in the JAMS’s fee schedule for consumer disputes. CampusThrift will
pay all remaining fees. If your claim against CampusThrift is for less than
$1,000, we will pay all fees. If you believe you cannot afford JAMS’s fee, you
may apply to JAMS for a fee waiver.
4. Discovery. Each party may (a) request relevant, non-privileged
documents from the other party; and (b) request that the other party provide
the particulars of its claims or defenses. Any such discovery requests must be
served on the other party within 10 days after the arbitrator’s appointment.
The responding party shall provide the requesting party with all responsive,
non-privileged documents, the requested particulars, and/or any objections to
the requests within 15 days after receipt of the requests. Any disputes about
discovery or requests for extensions shall be submitted promptly to the
arbitrator for prompt resolution.