MyCollegeRoadTrip.com Terms of Use

The following Terms of Use outline your obligations when using the MyCollegeRoadTrip.com website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The web pages available at MyCollegeRoadTrip.com.com, and all linked pages ("Site"), are owned and operated by MCRT Ventures, Inc. ("MyCollegeRoadTrip.com"), a Delaware corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. MYCOLLEGEROADTRIP.COM'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY MYCOLLEGEROADTRIP.COM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

MyCollegeRoadTrip.com reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, MyCollegeRoadTrip.com will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at MyCollegeRoadTrip.com's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, MyCollegeRoadTrip.com may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content MyCollegeRoadTrip.com performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). MyCollegeRoadTrip.com may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. MyCollegeRoadTrip.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. YOUR REGISTRATION OBLIGATIONS

As a condition to using Services, you are required to register with MyCollegeRoadTrip.com and select a password and screen name ("MyCollegeRoadTrip.com User ID"). You shall provide MyCollegeRoadTrip.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your MyCollegeRoadTrip.com account. You may not (i) select or use as a MyCollegeRoadTrip.com User ID a name of another person with the intent to impersonate that person; (ii) use as a MyCollegeRoadTrip.com User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a MyCollegeRoadTrip.com User ID a name that is otherwise offensive, vulgar or obscene. MyCollegeRoadTrip.com reserves the right to refuse registration of, or cancel a MyCollegeRoadTrip.com User ID in its discretion. You shall be responsible for maintaining the confidentiality of your MyCollegeRoadTrip.com password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

5. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by MyCollegeRoadTrip.com.

By way of example, and not as a limitation, you agree not to use the Services:

1. to abuse, harass, threaten, impersonate or intimidate other MyCollegeRoadTrip.com users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MyCollegeRoadTrip.com user;
5. to create or submit unwanted email ("Spam") to any other MyCollegeRoadTrip.com users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9. with the intention of artificially inflating or altering the 'MyCollegeRoadTrip.com count', blog count, comments, or any other MyCollegeRoadTrip.com service, including by way of creating separate user accounts for the purpose of artificially altering MyCollegeRoadTrip.com's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of MyCollegeRoadTrip.com's services;
10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
11. attempt to impersonate another user or person;
12. sell or otherwise transfer your profile.

MyCollegeRoadTrip.com may remove any Content and MyCollegeRoadTrip.com accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: [email protected]

You are solely responsible for your interactions with other users of the Site. MyCollegeRoadTrip.com reserves the right, but has no obligation, to monitor disputes between you and other users.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

By submitting Content to MyCollegeRoadTrip.com, you warrant that you own all rights to the Content, agree that the Content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/licenses/publicdomain/ and that you will not object to the use of the Content by MyCollegeRoadTrip.com in any context. To clarify, the above does not apply to the Content on external sites linked to by the original submission.

7. COPYRIGHT COMPLAINTS

MyCollegeRoadTrip.com respects the intellectual property of others. It is MyCollegeRoadTrip.com's policy to respond expeditiously to claims of copyright and other intellectual property infringement. MyCollegeRoadTrip.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, MyCollegeRoadTrip.com may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. MyCollegeRoadTrip.com will terminate access for subscribers and account holders who are repeat infringers.

Notifying MyCollegeRoadTrip.com of Copyright Infringement: To provide MyCollegeRoadTrip.com notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of [email protected] that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing MyCollegeRoadTrip.com with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide MyCollegeRoadTrip.com with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at [email protected] that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

8. MYCOLLEGEROADTRIP.COM PRIVACY POLICY

MyCollegeRoadTrip.com's current privacy policy is available at MyCollegeRoadTrip.com.com/privacy (the "Privacy Policy"), which is incorporated by this reference.

9. INDEMNITY

You will indemnify and hold harmless MyCollegeRoadTrip.com, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or MyCollegeRoadTrip.com User ID, of any intellectual property or other right of any person or entity.

10. WARRANTY DISCLAIMERS

You acknowledge that MyCollegeRoadTrip.com has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release MyCollegeRoadTrip.com from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. MyCollegeRoadTrip.com makes no representations concerning any content contained in or accessed through the Site or Services, and MyCollegeRoadTrip.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyCollegeRoadTrip.com has no control over such sites and resources, you acknowledge and agree that MyCollegeRoadTrip.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MyCollegeRoadTrip.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL MYCOLLEGEROADTRIP.COM OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

13. TERMINATION

MyCollegeRoadTrip.com may terminate or suspend any and all Services and your MyCollegeRoadTrip.com account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your MyCollegeRoadTrip.com account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind MyCollegeRoadTrip.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MyCollegeRoadTrip.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MyCollegeRoadTrip.com's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with MyCollegeRoadTrip.com's prior written consent. MyCollegeRoadTrip.com may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of Delaware, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the  the United States District Court for Delaware. Notwithstanding the foregoing sentence, (but without limiting MyCollegeRoadTrip.com's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in Delaware using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

15. TRADEMARKS

MYCOLLEGEROADTRIP.COM, MYCOLLEGEROADTRIP.COM THIS, and other MyCollegeRoadTrip.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of MyCollegeRoadTrip.com in the U.S. and/or other countries. MyCollegeRoadTrip.com's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the MyCollegeRoadTrip.com icon pack may used by partner and third party sites in connection with providing appropriate "MyCollegeRoadTrip.com This" and "Submit to MyCollegeRoadTrip.com" links to the MyCollegeRoadTrip.com site.

My Crazy Spring Break and MyCollegeRoadTrip.com CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1. PROMOTIONAL PERIOD: MyCollegeRoadTrip.com “Crazy Spring Break" Contest (the "Contest ") begins on February 28th, 2009 at 12:00:01 A.M. Eastern Standard Time ("EST") and ends on March 30th, 2009 at 11:59:59 P.M. EST (the "Promotion Period").
2. ELIGIBILITY: To enter and be eligible to win the prizes, you must:
o Be a legal resident of one of the 50 United States (excluding Rhode Island), Washington, D.C., or Canada (excluding the province of Quebec);
o Be 18 years of age or older at time of entry.

You are not eligible if you are an officer, director, employee or agent of MCRT Ventures, Sponsor, Administrator, their respective parents, affiliates, successors, assigns, subsidiaries, advertising or promotion agencies, or prize suppliers, or a member of the immediate family (defined as spouse, parent, child, sibling or their respective spouses) or household, whether or not related, of any of the above persons (collectively the "Releasees"). Subject to all applicable federal, state, provincial, and local laws and regulations. Void in Rhode Island, Puerto Rico, the province of Quebec and where prohibited. MCRT Ventures is not responsible for any aspect of the Contest, including but not limited to the collection, submission, processing or judging of entries, the administration of the Contest, selection of winners or prize fulfillment.
3. HOW TO ENTER AND PLAY THE My Crazy Spring Break MyCollegeRoadTrip.COM ONLINE CONTEST: : Enter the Contest by going to www.MycollegeRoadTrip.com and following the instructions to register. Upon completion of uploading an original video, story, or photo around the theme of the following question; "Just how crazy was your spring break on or before the indicated end date, you will automatically be given one (1) entry into the Contest.
Limit: One (1) entry per person or valid e-mail address. Multiple entrants are not permitted to share the same email address or registration profile. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, profiles, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to create the profile will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
4. WINNER DETERMINATION AND VERIFICATION: Sponsor will select the potential Contest winner from all eligible entries received during the Promotion Period on or around March 30, 2009. The potential winner will be notified by mail, email or phone. The potential winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Administrator, within five (5) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release ("Affidavit") in order to claim his/her prize. If the potential winner cannot be contacted, or fails to sign and return the Affidavit within the required time period, he/she will be disqualified and will forfeit the prize. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that the potential winner is disqualified for any reason, the prize will be forfeited and will remain un-awarded.
5. GRAND PRIZE: One (3) American Express gift cards valued at $50.00 each, Approximate Retail Value (ARV) of grand prize: $150.00. Total ARV of all prizes: $150.00.
6. GENERAL PRIZE CONDITIONS: Prize package will be mailed 6-8 weeks following verification of eligibility. Prize is non-transferable, non-refundable and must be accepted as awarded. No cash or other substitutions may be made, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize (or portion thereof) of comparable or greater value. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Winner is solely responsible for any and all applicable federal, state and local taxes and other costs and expenses associated with item receipt and use.
7. RELEASE: By receipt of any prize, winner agrees to release and hold harmless Releasees, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. PUBLICITY: Except where prohibited, participation in the Contest constitutes winner's consent to Releasees' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. GENERAL CONDITIONS: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. LIMITATION OF LIABILITY: Releasees are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Middle District of Tennessee (Southern Division) or the appropriate Tennessee State Court located in Nashville, TN; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
12. ENTRANT'S PERSONAL INFORMATION: Information collected from entrants will not be sold or given to any 3rd party. MyCollegeRoadTrip.com will only periodically email updates and specials related to the website. Any entrant, or user may opt out of any email list at their digression.
13. WINNER'S LIST: For the winner list, send an email with subject line: My Crazy Spring Break, Winner List Request," to Administrator at [email protected] Winner List Requests will only be accepted after the promotion end date listed above and no later than March 30, 2009.
My Crazy Spring break Contest
©2009 MCRT Ventures Inc. All rights reserved.