Terms of service
Effective Date: December 11, 2023
1. Overview
Our goal is to deliver the best college experience to every member of the college community.
We created CampusLush to promote an inclusive college experience for students; enabling them to benefit from all of the resources their school has to offer, join communities of other like-minded students, and create memories by bridging connections. We are also delivering tools for school leaders to make this happen. Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using CampusLush Services, you agree to comply with and be bound by these Terms, as applicable to you.
1.1 Contract
When you use our Services (defined below in “Services”), you agree to all of the terms of this Terms of Service. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share and store your personal information. You agree that by clicking “Create Account”, “Sign Up”, “Register”, “Complete Account Setup” or similarly worded actions, and/or enrolling for access or using our Services , you are agreeing to enter into a legally binding contract with CampusLush (even if you are using our Services on behalf of a school). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Create Account”, “Sign Up”, “Register”, “Complete Account Setup” (or similar worded actions) and do not access or otherwise use any of our Services in any way. If you wish to terminate this contract, you can do so at any time by closing your account and no longer accessing or using our Services in any way.
Services
This Contract applies to CampusLush.com, CampusLush-related applications, sites, communications, and other services that state that they are offered under this Contract (“Services”), including but not limited to the offsite collection of data for those Services. Registered users of our Services are “Users”, unregistered users are “Visitors”, and school users are “School Users”.
CampusLush
You are entering into this Contract with CampusLush (also referred to as “we” and “us”). Regardless of where you reside, you are entering into this Contract with CampusLush LLC (“CampusLush”). CampusLush will be the controller of your personal data provided to, collected by or for, or processed in connection with our Services. As a User, Visitor, or School User of our Services, the collection, use, and sharing of your personal data is subject to the Privacy Policy (and other documents referenced in this Privacy Policy) and updates.
1.2 Users, Visitors, and School Users
When you register and join CampusLush, you become a User. If you have chosen not to register for our Services, you may access certain features as a Visitor. If you are a representative of a school with elevated permissions, you are a School User.
1.3 Change
We may modify this Contract and our Privacy Policy from time to time, sometimes without providing advance notice to you. If we make material changes to this Contract, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We acknowledge that changes cannot be retroactive. If you object to any changes, you may close your account and terminate use of the Services. Your continued use of the Services after we publish or send a notice about our changes to these terms constitutes acceptance of all terms (including updated terms) as of their effective date.
2. Obligations
2.1 Service Eligibility
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you are the Minimum Age (described below) or older; (2) you will only have one CampusLush account, which must be in your real name; and (3) you are not already restricted by CampusLush from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16. “Minimum Age” means 16 years old. However, if the law requires that you must be older in order for CampusLush to lawfully provide the Services to you without parental consent (including use of your personal data) then the Minimum Age is such older age that the applicable law requires.
2.2 Your Account
Users and School Users are account holders. You agree to (1) use a strong password and keep it confidential; and (2) follow the law and our acceptable and unacceptable uses. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your school), your account belongs exclusively to you.
2.3 Payment
If you buy any event tickets, you agree to pay us the applicable fees and taxes for the paid Services. Failure to pay such fees will result in the termination of your purchased ticket. Further, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on
location (e.g., exchange rates). - We may store and continue billing your payment method (e.g., credit card) even after it
has expired, to avoid interruptions in your ticket purchasing experience. - All of your purchases of Services are subject to the specific school’s refund policy. Please
contact the hosted school to learn more. - We may calculate taxes payable by you based on the billing information that you provide
us at the time of purchase. - You can get a copy of your receipts through your CampusLush account.
2.4 Notices and Messages
You acknowledge that we will provide notifications, reminders, and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date. If your contact information is out of date, you may miss out on important notices.
Please review your settings to control and limit messages you receive from us.
2.5 Sharing
Our Services allow sharing of information in many ways, such as via your profile. User information will be shared with event hosts and hosting schools. We are not obligated to publish any information or content on our Service and can remove any information or content on our Service with or without notice.
3. Rights and Limits
3.1. Your License to CampusLush
As between you and CampusLush, you own the content and information that you submit or post to the Services, and you are only granting CampusLush and our affiliates the following non-exclusive license:
A worldwide, transferable, and sub-licensable right to use, copy, modify, distribute, publish and process information and content that you provide through our Services and the services of others, without any further consent, notice, and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services,
or generally by closing your account, except (a) to the extent you shared it with others as
part of the Service and they copied, re-shared it or stored it; and (b) for the reasonable
time it takes to remove from backup and other systems. - We have the right to include event information and content in advertisements for the
products and services of CampusLush to others without your separate consent (including
sponsored content). We have the right, without payment to you or others, to serve ads
near your content and information, and your social actions may be visible and included
with ads. If you use a Service feature, we may mention that with your school’s name or
event information to promote that feature within our Services. - We will acquire your consent if we want to give others the right to publish your content
beyond the Services. However, if you choose to share events outside of Service, Users,
Visitors, and School Users may embed that shared content onto third-party services, and
we enable search engines to make that public content findable through their services. - While we may edit and make format changes to your content (such as translating or
transcribing it, modifying the size, layout, or file type, or removing metadata), we will not
modify the meaning of your expression. - Because you own your content and information and we only have non-exclusive rights to
it, you may choose to make it available to others, including under the terms of a Creative
Commons license.
You and CampusLush agree that we may access, store, process, and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding our Services to CampusLush, you agree that CampusLush can use and share (but does not have to) such feedback for any purpose without providing any compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. You agree to not engage in any unacceptable actions as listed in Section 8.2. CampusLush may be required by law to remove certain information or content in certain jurisdictions and may do so without providing notice to you
3.2 Service Availability
We may change, suspend or discontinue any of our Services at any time. We may also modify our prices effective prospectively, upon reasonable notice, to the extent allowed under the law. We do not promise to store or keep showing any information and content that you have created. CampusLush is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.3 Other Content, Sites, and Apps
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. CampusLush generally does not review content provided by our Users, School Users, or others. You agree that we are not responsible for the content or information of others (including other Users or School Users). We cannot always prevent the misuse of our Services, and you agree that we are not responsible for any such misuse.
CampusLush may help connect Users to School Users, and other third parties with Users
seeking services. CampusLush does not perform nor employ individuals to perform these
services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that CampusLush does not supervise, direct, control, or monitor Users in the performance of these services and agree that (1) CampusLush is not responsible for the offering, performance, or procurement of these services, (2) CampusLush does not endorse any particular User’s or School User’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between CampusLush and any User’s or School User’s offering services. If you are a User or School User offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our CampusLush Community Policies.
Similarly, CampusLush may help you register for and/or attend events organized by School Users and connect with other Users who are attendees at such events. You agree that (1) CampusLush is not responsible for the conduct of any of the Users, School Users, or other attendees at such events, (2) CampusLush does not endorse any event listed on our Services unless explicitly written, (3) CampusLush does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.
3.4 Limits
CampusLush reserves the right to limit your use of the Services, including the number of your follows and your ability to contact other Users or School Users in the Service. CampusLush reserves the right to restrict, suspend, or terminate your account for any reason, including but not limited to if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Acceptable and Unacceptable or CampusLush Community Policies).
3.5 Intellectual Property Rights
CampusLush reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
CampusLush, and “CL” logos and other CampusLush trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of CampusLush.
3.6 Automated Processing
We use the information and data that you provide and that we have about Users and School Users to make recommendations for connections, content, and features that we believe may be useful to you. For example, we may use data and information about you to recommend scholarships we believe may be of interest to you. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.
4. Disclaimer and Limit of Liability
4.1 No Warranty
CAMPUSLUSH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CAMPUSLUSH AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS CAMPUSLUSH HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), CAMPUSLUSH, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR ANY LOST PROFITS OR LOST REVENUE OPPORTUNITIES, DAMAGE TO REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. CAMPUSLUSH AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO CAMPUSLUSH FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1,000.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and CampusLush and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if CampusLush or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
4.4 Contact Us First
If you have a question or concern about the Services, please contact us first at support@campuslush.com. Our customer support team will try to answer your question and/or resolve your concern.
4.5 No Class Actions
YOU AND CAMPUSLUSH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
5. Termination
Both you and CampusLush may terminate this Contract at any time, provided that you must provide CampusLush with notice of your intent to terminate. Upon termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- User’s and/or Visitors’ rights to further re-share content and information you shared through the Services;
- Sections 4, 6, 7, and 8.2 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
6. Governing Law and Dispute Resolution
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. For Users who live outside of the United States: You and CampusLush agree that the laws of the State of New York, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and CampusLush both agree that all claims and disputes can be litigated only in the federal or state courts in Rockland County, New York, USA, and you and CampusLush each consent to personal jurisdiction in those courts.
7. General Terms
If a court with authority over this Contract finds any part of this Contract unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court can not do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract to the fullest extent possible.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that CampusLush has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that CampusLush may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us with legal notice is at the addresses provided in Section 10, titled “How To Contact Us.”
8. CampusLush “Acceptable and Unacceptable”
8.1 Acceptable
You agree that you will:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual
property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and keep it updated;
3. Use your real name on your profile; and
4. Use the Services in a professional manner.
8.2 Unacceptable
You agree that you will not:
1. Create a false identity on CampusLush, misrepresent your identity, create a User profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
2. Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape or aggregate the Services or otherwise copy profiles and other data from the Services;
3. Override any security feature or bypass or circumvent any access controls or use limits of the Service
4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of CampusLush;
5. Disclose information that you do not have the consent to disclose (such as confidential information of others);
6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute the content of others without their permission, which they may give by posting under a Creative Commons license;
7. Violate the intellectual property or other rights of CampusLush, including, without limitation, (i) copying or distributing our materials or (ii) copying or distributing our technology; (iii) using the word “CampusLush” or our logos in any business name, email, or URL unless explicit approval from CampusLush is provided;
8. Post anything that contains software viruses, worms, or any other harmful code;
9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
10. Imply or state that you are affiliated with or endorsed by CampusLush without our express consent (e.g., representing yourself as an accredited CampusLush representative);
11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without CampusLush’s consent;
12. Deep-link to our Services for any purpose other than to promote your event or a campus organization on our Services, without CampusLush’s consent;
13. Use bots or other automated methods to access the Services, add or download information;
14. Monitor the Services’ availability, performance, or functionality for any competitive purpose;
15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
16. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
18. Violate the CampusLush Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
9. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Users and School Users be accurate and not in violation of the intellectual property rights or other rights of third parties. For all complaints, you may contact us online.
10. How To Contact Us
For general inquiries, you may contact us online. For legal notices or service of process, you may write us at this address: CampusLush LLC.
Attn: Legal Dept. (Privacy Policy and User Agreement)
42 Hillside Ave
West Haverstraw, NY 10993
USA
