Privacy Policy and Terms of Service

Privacy Policy

 The Student IDeals privacy policy (the “Privacy Policy”) is intended to inform you of our policies and practices regarding the collection, use and disclosure of Personal Information and other information you submit to us through Student IDeals. By accessing or otherwise using the Student IDeals websites, e-mails or other services (collectively “Student IDeals”), you agree to the terms and conditions of this Privacy Policy (which is incorporated into and forms a part of the Student IDeals condition of use, accessible from www.studentideals.com and consent to the processing of your information according to the Privacy Policy.

Collection of Information

Personal Information that You Provide

In general, we collect Personal Information that you submit to us voluntarily through Student IDeals. We also collect information that you submit in the process of creating or editing your account. For example, our registration and login process requires you to provide us with your name, email address and optionally your cell phone number. In the future, some of our services may require you to save a delivery or shipping address. When you create account information and use features of Student IDeals, we will collect information you provide, and we may also request optional information to support your use of Student IDeals, such as your gender, year in school, facebook page and other information. We collect information in the form of the content that you submit during your use of Student IDeals, such as photos and posts you submit.

We may also collect information about you and your friends who use Student IDeals from any social network you may have connected from, in order to provide you with a more personalized experience. For instance, we may collect your user name or profile information that you have permitted to be displayed through Student IDeals in order to display you as a friend or in association with your profile and connections, and to verify student identity as well.

When you sign up for, or win, any contests, sweepstakes or other activities that we make available on Student IDeals, we will collect the information designated along with such activity, which may include contact information such as your address and phone number.

If you choose to sign up to receive information about products or services that may be of interest to you, we will collect your e-mail address and other related information. Additionally, we collect any information that you voluntarily enter, including Personal Information, into any postings, comments or forums within the Student IDeals community.

Personal Information from Other Sources

We may receive Personal Information about you from other sources with which you have registered or interacted, companies who we have partnered with (collectively, “Partners”) or other third parties. We may associate this information with the other Personal Information we have collected about you.

E-mail and E-mail Addresses

If you send an e-mail to us, or fill out our “Feedback” form through Student IDeals, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. We may use and display your full name and e-mail address when you send an e-mail notification to a friend through Student IDeals or the social network from which you have connected to Student IDeals. We may also use your e-mail address to contact you for things such as notifications of IDeals and other related information. You may indicate your preference to stop receiving further promotional communications as further detailed below.

Information Collected Via Technology

As you use Student IDeals, certain information may be passively collected and stored on our or our service providers’ server logs, including your Internet protocol address, browser type and operating system. We also use Cookies and navigational data like Uniform Resource Locators (“URLs”) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on Student IDeals you clicked. An Internet protocol address, or “IP Address,” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with Student IDeals. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our services offered through Student IDeals, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of Student IDeals may not work properly, and you may not be able to receive our services. You can manage your cookie preferences via your browser settings (see http://www.aboutcookies.org for more information)

Mobile & Location Information

If you use mobile-enabled services provided by Student IDeals, such as any Student IDeals mobile application made available by us, we may receive information about your use of our services from your mobile device while you use our applications or services. This may also include information about your precise location if you have enabled location-based services on your mobile device. Certain applications or services may also require addition information collection, such as information to be sent when you are not logged into Student IDeals for alerts services, and the terms of such collection will be identified when you subscribe to or sign up for such services or applications.

Social Media Information

Certain information you post or provide through Student IDeals for public posting, such as your name, profile, comments, collections and reviews, may be shared with other users and posted on publicly available portions of Student IDeals, including without limitation, social media applications and other public fora in which you choose to participate. Please keep in mind that if you choose to disclose Personal Information when posting comments or other information or content through Student IDeals, this information may become publicly available and may be collected and used by others, including people outside the Student IDeals community. Please also be aware that if you choose to share or tweet deals or your purchases, they will become publicly available on the Facebook and Twitter websites. It is up to you to make sure you are comfortable with the information you choose to provide us and the information you choose to publish. We will not have any obligations with respect to any information that you post to parts of Student IDeals available to others, and recommend that you use caution when giving out personal information to others through social media networks or otherwise.

You may choose to log in or access Student IDeals using the Facebook Connect feature or by downloading the Student IDeals mobile app through Facebook or another third party platform. By doing this, you are authorizing that third party platform to send us certain information from your account with them, and you authorize us to collect, store and use in accordance with this Privacy Policy any and all information available to us through the third party platform.

Feedback Information

If you provide feedback to us, we may use and disclose such feedback for any purpose, provided we do not associate such feedback with your Personal Information. We will collect any information contained in such feedback and will treat the Personal Information in it in accordance with this Privacy Policy. You agree that any such comments and any e-mail we receive becomes our property. We may use feedback for marketing purposes or to add to or modify our services without paying any royalties or other compensation to you.

Use and Disclosure of Information

In general, Personal Information and other information you submit or share with us is used for the following purposes by Student IDeals: to enable your access to our services; to provide, maintain, protect, develop and improve Student IDeals; to fulfill your requests for products and services; to customize the content and advertisements you receive from us and our trusted partners; and to offer you additional information, opportunities, promotions and functionality from us or on our behalf, or from our partners or our advertisers at your request.

Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes the Personal Information that we collect with third parties, unless you ask or authorize us to do so.

We may provide your Personal Information to third-party service providers or affiliates who work on behalf of or with us to provide some of the services and features of Student IDeals and to help us communicate with you. Examples of such services include sending e-mail, analyzing data, providing marketing assistance, and providing customer service. We use efforts to limit information provided to the aforementioned affiliate and third party service providers to the extent necessary for them to provide the services and require such service providers to promise not to use such information except as necessary to provide the relevant services to us. We may share some or all of your Personal Information (other than credit card information) with Merchants whose Deals you have purchased for their commercial purposes and to provide the Deal. If you do not want us to use or disclose Personal Information collected about you in the manner identified in this Privacy Policy, you may not use Student IDeals. Certain promotions may expressly require you to submit information for fulfillment at the point of purchase, and Merchants may separately request information from you as necessary to redeem the promotion. A merchant’s collection and use of any information shall be governed by that Merchant’s own privacy policy. Additionally, we do share your content preferences and other information with social networks you have connected with Student IDeals, along with those companies and persons you have asked us to share your information with.

We may share some or all of your Personal Information with Student IDeals affiliated and group companies that are under a common control, so that they may send daily deal e-mails to you, in which case we will require them to honor this Privacy Policy.

We use Google Analytics to better understand how visitors interact with our site. This service provides non-personally identifiable data including but not limited to data on where visitors came from, what actions they took on our site and where visitors went when they left our site. If you would like to learn more about this service, or about choices to opt out from it, please click here.

We may also develop non-personal information concerning Student IDeals users, using de-identification processes to help ensure that such information cannot reasonably be re-associated or connected with you as an individual. Generally, we aggregate this information and use it in statistical analysis to help us analyze patterns in the use of Student IDeals. This Privacy Policy does not limit our use or disclosure of de-identified information (i.e., that is not connected with you as a user) in any way, and we reserve the right to use and disclose such information to our partners, advertisers and other third parties in our discretion.

In the event we go through a business transition such as a merger, acquisition by another company or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s assets may continue to process your Personal Information as set forth in this Privacy Policy.

We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on us; or (b) to protect and defend our rights or property, you, or third parties. You hereby consent to us sharing your Personal Information under the circumstances described herein.

Your Choices Regarding Your Personal Information

We offer you choices regarding the collection, use and sharing of your Personal Information. You have a right at any time to stop us from contacting you for marketing purposes. When you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail you receive or by contacting us directly at privacy@studentideals.com.

Despite your indicated e-mail marketing preferences, we may send you administrative e-mails regarding Student IDeals, including, for example, administrative and transactional confirmations, and notices of updates to our Privacy Policy if we choose to provide such notices to you in this manner.

If you use Student IDeals services provided through mobile devices, you may have additional choices, including over whether location services are enabled. Additionally, if you use other social media services in connection with Student IDeals providers of these services may provide you with additional choices concerning the types of data shared with Student IDeals.

Third Party Advertising and Sites

We may enable advertisers and ad servers to promote third-party products and/or services by placing advertisements on Student IDeals. These advertisers and ad servers may use Cookies, “Web Beacons” (which are usually small, transparent graphic images) or similar technologies in order to monitor information related to the serving of their advertisements, and may use information gathered over time and across Web sites in order to make the ads you receive more relevant. Clicking on such advertisements will direct you to the website of a third-party and the advertiser.

We may also engage in remarketing to market our sites, products and services or those of our trusted advertising partners across the web: when a user visits our site, a Cookie is dropped on the user, and advertising networks may deliver targeted advertisements to users with this Cookie. We do not share any of your Personal Information with our remarketing ad networks or advertisers.

You have choices about third-party advertising: both the Network Advertising Initiative and the Digital Advertising Alliance allow you to opt out from online behavioral advertising by their participating companies.

Student IDeals may contain links to other websites or may make third-party applications available to our users. Please be aware that we are not responsible for the privacy practices or the content of such other websites or applications. We encourage our users to read the privacy statements of each and every website they visit or application they use. This Privacy Policy applies solely to information collected by us through Student IDeals and does not apply to these third-party websites or applications. The ability to access information of third parties from Student IDeals, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third parties, their products, their services, other websites, locations or their content.

Security

We are committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. Even though we have taken significant steps to protect your Personal Information, no company, including us, can fully eliminate security risks associated with Personal Information.

Children’s Personal Information

Student IDeals does not direct its websites to children under the age of thirteen. Our products are directed toward adults, such as college student, or others over the age of 13. We require registered users of the site to have a .edu address (typically for college be at least eighteen years old.) If we obtain actual knowledge that a registered user is not at least 16 we promptly delete information associated with such account. By using Student IDeals, you are representing that you are at least sixteen years old.

Access to Personal Information

You have the right to request a copy of the Personal Information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us ay privacy@studentideals.com. We may charge a reasonable fee for this service. We want to make sure that your information is accurate and up-to-date. You may ask us to correct or remove information that you think is inaccurate. You may change any of your profile information by editing it in the profile settings page.

Enforcement

Personal or other information about you collected on Student IDeals sites and services may be stored and processed in the United States or any other country in which Student IDeals or its affiliates, subsidiaries and services providers maintain facilities. Student IDeals complies with the U.S.-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of information from European Union Member Countries. To learn more about the Safe Harbor program, please visit the Safe Harbor Website.

Changes To This Privacy Policy

This Privacy Policy is subject to occasional revision at our discretion, and if we make any substantial changes in the way we use your Personal Information, we will post an alert on this page or may otherwise post an alert on the Student IDeals website. If you object to any such changes, you must cease using Student IDeals. Continued use of Student IDeals following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

California Residents

If you are a California resident, you may request that we provide to you (i) a list of the categories of personal information about you that Student IDeals has disclosed to third parties for the third parties’ direct marketing purposes during the calendar year preceding your request, (ii) the names and addresses of such third parties, and (iii) if the nature of the third parties’ business cannot reasonably be determined from their names, examples of the products or services marketed, if known to Student IDeals, sufficient to give you a reasonable indication of the nature of the third parties’ business. To submit your request, please e-mail privacy@studentideals.com

How to Contact Us

If you have questions or concerns about our Privacy Policy, please contact us at: privacy@studentideals.com

Last updated: August 30, 2016

Terms of Service

Welcome to Student IDeals™. The following terms and conditions (the “Agreement”) form a binding agreement between you and Student IDeals, Inc. a Delaware USA corporation (referred to in the document as “Student IDeals,” “we,” “us” or “our.”) Please review the following terms carefully. By using the Site or any Student IDeals Services, you are agreeing to these terms, as well as our Privacy Policy which can be accessed from www.studentideals.com and is incorporated here by reference), and all of these terms will govern your use of the Site and our Services. If you do not agree to these terms, you must cease use of the Site and our Services. The term “you” refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.

Our Services

Student IDeals is an online service that helps students discover new businesses and obtain discounts, and other services tailored to their interests and other students (the “Services”) through our website located at www.studentideals.com and other online areas owned or operated by us, such as our Facebook and mobile phone applications (the “Site”). The Services also include the opportunity for you to receive special deals (as described below, sometimes called “IDeals”) for the products and services of third party merchants based on showing a valid student ID or other merchant-required conditions. The Services and Site are collectively referred to here as “Student IDeals.”

Conditional Use of Our Site and Services

Your permission to use Student IDeals is conditioned upon your agreement that you:

  • are 13 years of age or older, but are 18 years of age or older to purchase any service directly from our Site;
  • will comply with these Terms of Service;
  • will not copy or distribute any part of Student IDeals in any medium without Student IDeals’s prior written authorization;
  • will provide accurate information when creating an account or registering for Services;
  • are solely responsible for your User ID and the activity that occurs while signed in to or while using Student IDeals using your User ID;
  • will not use Student IDeals to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
  • will not use the communication systems provided by or contacts made on Student IDeals for any commercial solicitation purposes;
  • are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
  • represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Student IDeals to use any and all Content submitted by you to Student IDeals in accordance with the licenses granted in this Agreement;
  • hereby grant each Student IDeals user, whether using Student IDeals or an application authorized by Student IDeals but developed via a third-party developer, a non-exclusive license to access the Content you submit through Student IDeals and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Student IDeals’s functionality and under these Terms of Service;
  • will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Student IDeals;
  • and hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Your Account and Student IDeals Profile

You will need to register by creating an account with Student IDeals (either by registering directly with us or by allowing a Student IDeals application to connect through your Facebook or other supported profiles) in order to obtain access to certain Services, including IDeals. If you choose to create an account or Student IDeals profile with us (as enabled), you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you may obtain unique log-in credentials (a “User ID”). Access to the Student IDeals Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Student IDeals may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

Student IDeals relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

Non-Confidentiality, Security and Privacy

You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Student IDeals, and therefore such information is not subject to any confidentiality obligation. Other information, such as if a particular promotion may need credit card information is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with an Ideal, other than your credit card information, may be disclosed by us to the Student IDeals Merchant for their commercial purposes.

Our Privacy Policy explains how we collect, use and disclose information that pertains to your privacy. The Privacy Policy forms part of our agreement with you and is incorporated in this Agreement by reference. For full details, please refer to our Privacy Policy accessible from www.studentideals.com. Communications between you and Student IDeals, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

Rules Regarding Information and other Content

When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Student IDeals), and you agree not to post or use any Content in any manner that:

  • infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
  • violates the privacy, publicity, or other rights of third parties,
  • is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, pornographic, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Student IDeals in its sole discretion,
  • is false or inaccurate, or
  • could damage our company, parent company, sister companies, affiliates, advertisers, or other parties.

Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.

General Rules of User Conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:

  • conduct or promote any illegal activities while using the Site or Services;
  • upload, distribute or print anything that may be harmful to minors;
  • attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
  • attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
  • upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • use the Site or Services to generate unsolicited email advertisements or spam;
  • use any automatic or manual process to search or harvest information from the Site or Services, or to interfere with the proper functioning of the Site and Services; or
  • impersonate another user.

Links to Third Party Sites

We don’t have control over websites to which Student IDeals may link. Student IDeals may contain links to third party websites that are not owned, operated, or controlled by Student IDeals. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Student IDeals you expressly relieve us from any and all liability arising from your use of any third party website.

IDeals

Student IDeals provides consumers with information concerning deals and savings available to them in connection with the purchase products and services from third party merchants (“Merchants”) with requirements such as showing a valid ID or other engaging in activities such as checking in, clicking on a promotion, etc. (an “Ideal”). Merchants are willing to offer attractive promotions in order to reach the Student IDeals community. On our Site we list the IDeals offered by Merchants and details and restrictions that accompany them (expiration dates, etc.). We do our best to recommend standard ways of doing this and try to keep restrictions to a minimum, but ultimately the details are the requirements of the Merchants. Sometimes Merchants change their deals and restrictions without letting us know. And while we apologize for that inconvenience, in no way is the listing on Student IDeals any representation or warranty between you and Student IDeals or between you and the Merchant.

Points

Our intention is to creat a point-based loyalty system that are a form of Student IDeals currency that may be applied as a credit towards future Student IDeals offerings. These are awarded based on different conditions, such as submitting photos, purchasing certain offers and taking other actions (responding to a promotion, etc.), or may be awarded to you from time to time as loyalty rewards or as customer service deems appropriate. Unless otherwise specified (such as with a promotion) points expire 3 years after issuance, except where such expiration is prohibited by law. Redemption possibilities may change from time to time and at given times certain points may not be usable at all. Points are not returnable or refundable for cash under any circumstances, except where required by law. Resale or transfer of points strictly prohibited, unless specifically authorized by Student IDeals.

Merchant Responsibility

To be clear, Student IDeals markets the IDeals but the Merchant is the issuer of any IDeal. As issuer, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services, as well as for any unclaimed property liability arising from any IDeals. Whether you choose to pursue any IDeal is within your sole control and at your sole discretion.

Promotions of the Deal Program

From time to time we may offer special promotions, contests and/or sweepstakes intended to provide you an incentive to go to Merchants and/or take other actions such as making purchases. The applicable rules will be posted on the Site in or near the description of each such promotion. We reserve the right to interpret these rules in our sole discretion, and you hereby agree to our interpretation.

Products Available for Sale

The Site can be accessed from countries around the world. You understand that some or all products or services provided on the Site may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Student IDeals reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any product or service to a person residing in any jurisdiction or geographical area. Student IDeals does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person.

Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth below. In the event of any termination, you will immediately cease access to the Site and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher.

Disclaimers of Warranty

We provide the Site and Services “as is”, “with all faults” and “as available.” We and our suppliers and Merchants make no express warranties or guarantees about the Site, Services or Deals. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT STUDENT IDEALS WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF STUDENT IDEALS, INCLUDING ANY SERVICES OR DEALS, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A STUDENT IDEALS REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.

Limitations of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF STUDENT IDEALS. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless Student IDeals, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to Student IDeals; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Student IDeals.

Reservation of Rights and Release

Student IDeals reserves the right, but has no obligation, to monitor, or take any action Student IDeals deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “Student IDeals” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

The Content on Student IDeals, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by Student IDeals. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Student IDeals, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and and international conventions. Content provided by Student IDeals is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site and Services.

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

Copyright Notice

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Student IDeals’s designated Copyright Agent to receive notifications of claimed infringement can be reached at info@studentideals.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Electronic Communications

The communications between you and Student IDeals use electronic means, whether you visit the Site or send us emails, or whether Student IDeals posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Student IDeals in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Student IDeals provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Entire Agreement, Changes to this Agreement and Waivers

These Terms of Service, together with the Privacy Policy accessible from www.studentideals.com and any other legal notices published by Student IDeals on the Site or any other posting, shall constitute the entire agreement between you and Student IDeals concerning Student IDeals. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Student IDeals’ rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Student IDeals. No purported waiver or modification of this Agreement by Student IDeals via telephonic or email communications shall be valid.

Contracting Party, Choice of Law, Location for Resolving Disputes, Contact Information

This Agreement is between you and Student IDeals, Inc. a Delaware USA company headquaretered in Virginia. Communications may be directed to: Student IDeals, 1325 Banquo Court, McLean, VA 22102; info@studentideals.com; 855-545-3743. The laws of the Commonwealth of Virginia and the United States govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and Student IDeals that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Virginia.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

YOU AND STUDENT IDEALS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO STUDENT IDEALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You represent that you are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you affirm that you are, in any case, 13 years of age or older. If you aren’t, you must please cease use of Student IDeals.

The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.