Terms of Service

STUDENTBUSINESSES.COM

Terms of Service
Effective as of September 15, 2007

Introduction

Welcome to StudentBusinesses.com, a web-based service that enables qualified college students to post information about their business plans and credentials for review by accredited investors and other qualified professionals, and enables these students and professionals to communicate, share knowledge and establish relationships (the “Service”).

The Service is operated by Campus Venture Network, Inc., a Delaware corporation situated in Cary, North Carolina, USA (collectively, with its affiliates, "us," "we" or "CVN").

These Terms of Service ("Terms" or "Agreement") constitute a legal agreement between you and CVN regarding your use of the Service and the www.studentbusinesses.com web site (the "Site"). By using the Service or Site you signify that you have read, understand and agree to be bound by these Terms.

The content pages on the Site, as well as the input, profile, questionairre and upload screens, describe the manner in which the Service operates and may be used. Your use of the Service constitutes your agreement both to these Terms and to the limitations and restrictions expressed or implied by those pages, screens and instructions.

Changes to the Terms

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms at any time. If we do this, we will post the changes to these Terms on this page, including the effective date of the revision. Your continued use of the Service or Site after you have received notice of any changes, whether by direct notice or by logging into and accessing the Site after the change has been posted, constitutes your acceptance of the new Terms.

If you do not agree to abide by these Terms, or any revised Terms, you are not permitted to use or access the Service or Site.

Eligibility and Registration: Students and Professionals

To register as a “Student Member” of the Service, you must have been enrolled at an accredited institution of higher education within the last five years and be age eighteen or older. To register as a “Professional Member,” you must be an accredited investor (as defined below) or qualified professional or service provider involved or interested in entrepreneurship. To become either type of “Member,” you must be invited to join and be accepted; however, all perspective Members must complete the appropriate Student or Professional application, submit the information required and agree to these Terms. CVN reserves the right to waive or modify its eligibility rules.

For purposes of becoming a Professional Member, an “accredited investor” is a natural person who has individual net worth, or joint net worth with the person’s spouse, that exceeds $1 million; or a natural person with income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year.
Student Members may use the Service to post accurate information about themselves and/or about a current business plan or activity for which they are seeking advice, capital, services, or other professional resources; share relevant information with other students, investors, service providers, suppliers and others; network and seek useful relationships and opportunities; and for any other reasonable and lawful use not prohibited by these Terms or otherwise. Students are not required to pay a fee for the Service.

Professional Members may use the Service to explore potential investment or service opportunities; offer information, contacts, services or capital; network and seek useful relationships and opportunities; and for any other reasonable and lawful use not prohibited by these Terms or otherwise. Professionals may be required to pay a service, sponsorship or other fee, as indicated in the application process, and accept additional terms appropriate to their status.

CVN DOES NOT CHARGE OR RECEIVE COMMISSIONS OR TRANSACTIONAL FEES WITH RESPECT TO ANY AGREEMENTS THAT ARISE FROM THE SERVICE. By using the Service, you represent and warrant that you understand and agree to abide by all the terms and conditions of this Agreement. We may terminate your Membership and prohibit you from using or accessing the Service or Site, at any time, for violating these Terms, including any Rules of Conduct (below), or for any other reason.

Rules of Conduct

The Service is available for use only in accordance with these Terms and may not be resold, retransmitted, or made directly available to third parties by any user or Member.

You represent, warrant and agree that no materials of any kind submitted through your access or account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You agree not to use automated bots or scripts to harvest email addresses or collect other information from the Service or Site, for any purpose. You further agree that you may not use the  Service or the Site in any unlawful or unauthorized manner or in any other manner that could damage, disable, overburden or impair the Service or Site.

International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States to your country of residence.
Without limiting any of the foregoing, you agree not to use the Service or Site to:

  • solicit, offer, negotiate or participate in any financial or securities transaction that violates the law of any jurisdiction;
  • upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful or otherwise objectionable;
  • impersonate any person or entity; falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or use or attempt to access or use another's account without authorization from CVN;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any content that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • damage, disable or overburden the Service or violate the law;
  • intimidate, harass or annoy another.

You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor and resolve disputes among Members.

Ownership of Content and Services

You understand that all information and content (such as business plans, financial projections, resumes, other written text, data files, computer software, music, audio files, photographs, videos or other images) which you may access as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as “Content.”

Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the publishers or other entities who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so, by us or by the owners of that Content, in a separate writing or agreement. You expressly agree not to republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation without express written permission from the rights-holder in that Content.

We reserve the right (but shall have no obligation) to screen, review, flag, modify, refuse or remove any Content from the Service. The basis for removing Content may include, but is not limited to, concerns about accuracy, fairness, or inconsistency with our mission of student entrepreneurship. However, under no circumstances does CVN have any obligation to check the accuracy or truthfulness of Content, nor to monitor any Member’s use of the Service or Site. YOU USE AND RELY ON ANY CONTENT POSTED ON THE SITE AT YOUR OWN RISK.

You agree that you are solely responsible (and that we have no responsibility to you or to any third party) for any Content that you create, transmit or display while using the Services and for the consequences (including any loss or damage which we may suffer) of doing so; and you agree to indemnify and hold us harmless from any such loss or damage. You are solely responsible to protect your intellectual property rights in this Content.

You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered and wherever in the world those rights may exist).

All trademarks, service marks, trade names, trade dress, logos, domain names and brands that we include on the Service and Site are, unless otherwise noted, the property of CVN or its licensors and associates and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CVN.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. If you believe those notices are there in error, you will so inform us.

You also agree that in using the Services you will not use any mark, name or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such mark, name or logo.
You acknowledge that Content you post to or communicate via the Service may be made available to various third parties, either automatically by the Service’s operation or through the voluntary action of a CVN agent, employee, contractor, user or other party. Therefore, you agree that you will not post or communicate anything of your own or any third person’s that is intended to be kept confidential. YOU HEREBY WAIVE ANY CLAIM OF CONFIDENTIAL OR TRADE SECRET STATUS WITH RESPECT TO ANY INFORMATION OR CONTENT YOU TRANSMIT, DISPLAY, DISCLOSE OR ALLOW TO BE COMMUNICATED THROUGH THE SITE OR SERVICE.

Content License

CVN respects the intellectual property of others. You retain copyright and any other rights you already hold in Content that you submit, post, disclose, display or communicate on or through the Services. You hereby grant CVN a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license, while you are a Member, to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through the Services, including the right for CVN to make such Content available to other Members (subject to any restrictions we allow you to impose). When your Membership terminates, you may remove, or instruct us to remove, your Content from Member and public view; but we retain the right to use your Content internally for all lawful purposes.
You confirm and warrant to CVN that you have all the rights, power and authority necessary to grant the above license.

Copyright Policy

We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Service or the Site, please contact us and provide us 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 or the Site; your address, telephone number, and email 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.

CVN’s Designated Agent to receive notification of claimed infringement is Travis May, 108 Turquoise Creek Dr.,  Cary, NC 27513, email: copyright@studentbusinesses.com, phone: (919) 454-5709. This contact information is only for notices relating to copyright infringement; all other notices, comments, requests for support, or other communications should be sent to the contacts stated  in “Communications” below.

Links and References

This Site may contain links to websites operated by unrelated parties. These links are provided for your convenience and reference only. CVN does not control these sites and is not responsible for their contents, accuracy or opinions expressed, and such sites are not investigated, monitored or checked for accuracy or completeness by us. Our inclusion of these links does not imply any association with, or any endorsement or approval of, the services, merchandise, materials or contents available from or on these sites.

This Site may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user's reliance on or exposure to information obtained from or contained on the Site. Rather, you are responsible to evaluate the information, advice, and other Content available through the Site, and any products, services or firms referenced here.

If you decide to leave the Site and access these third-party sites, you do so at your own risk. In particular, you should review the terms of use and privacy policies of these sites, as they may differ from ours. Again, we do not control or review the usage terms or privacy practices of linked sites.

Internet Access

We shall not be responsible for any connection or access to the Service or the Site by you or the quality of the transmission of any information passing between you and the Service or the Site. You will be responsible for providing your own communications equipment to access the Service and the Site via the Internet, and the Internet access charges thereon.

Privacy

We take the issue of privacy very seriously. Click here to view our Privacy Policy. Our Privacy Policy is incorporated into, a part of, and governed by these Terms. By using the Site or the Service, you are consenting to have your personal data transferred to, used and processed in the United States in accordance with our Privacy Policy.

Disclaimers

CVN does not offer investment or consulting services or advice; issue or act as an intermediary in the issuance of securities; act as a broker, dealer or other financial intermediary; or recommend or promote any investment opportunities. Any transaction that you may enter into directly or indirectly as a result of your using the Site or Service is AT YOUR OWN RISK. Accordingly:

CVN is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, Members or by any of the associated equipment or programming.
CVN is not responsible for the conduct, whether online or offline, of any user or Member of the Service.
CVN does not warrant availability of the Site or Service, which may be unavailable from time to time for maintenance or other reasons.

CVN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.

CVN is not responsible for any problems or technical malfunctions of any telephone network or lines; computer equipment or providers; software; telecommunications systems or the Internet; nor is CVN responsible for technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Members or any other person's computer related to or resulting from participating or downloading materials in connection with the Site or Service.

Under no circumstances will CVN be responsible for any loss or damage, including without limitation personal injury or death, resulting from anyone's use of the Site or Service, any Content posted on or through the Site or Service or transmitted to Members, or any interactions between users of the Site or Members, whether online or offline.
THE SITE, THE  SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND “AS AVAILABLE” AND CVN DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CVN CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICE.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CVN BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR SERVICE, EVEN IF CVN IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, CVN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (INCLUDING NEGLIGENCE), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO CVN FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, AND (B) ONE HUNDRED DOLLARS ($100).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Hold Harmless and Indemnity

You agree to indemnify and hold CVN, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of (i) your use of the Site or Service in violation of this Agreement or of any rules, requirements or policies of CVN or (ii) your violation of the rights of a third party or of any law, regulation, judgment or order of court.

Notices

We may provide you with notices regarding the Service or these Terms by regular mail, email, or postings to this Site. Such notices will be effective when sent.

Governing Law

By visiting or using the Site and/or the  Service, you agree that the laws of the Commonwealth of Massachusetts, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute that might arise between you and CVN or any Member.

Any dispute relating in any way to the Site or Service or arising out of these Terms shall be submitted to confidential arbitration in Boston, Massachusetts, except that CVM may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to suit in the state and federal courts of Massachusetts. Arbitration shall be conducted under the rules of the American Arbitration Association, whose arbitration award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim, action or proceeding by you related in any way to the Site, Service or Terms must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Miscellaneous

These Terms, together with the Privacy Policy and any other rules, requirements, restrictions and policies of CVN posted on the Site, constitute the entire agreement between you and CVN regarding the use of the Site and Service, superseding any prior agreements between you and CVN relating thereto. The failure of CVN to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Communications

If you have any comments, questions, requests for assistance, or other messages to communicate to us (except notification of copyright infringement, as discussed under “Copyright Policy” above), please send your message to contact@studentbusinesses.com or write Customer Support, Campus Venture Network, Inc., 108 Turquoise Creek Dr., Cary, NC 27513.

© 2007 Campus Venture Network, Inc.