NDSU Text Swap's Terms of Use

English

If you're like us and don't want to spend the time analyzing the official terms of use, we'll break it down for you. Here are the terms of use in plain English:

  • NDSU Student Government, NDSU Bookstore, and NDSU are encompassed in this terms of use and will hereinafter be referenced as "NDSU Text Swap"
  • NDSU Text Swap is a program run by NDSU Student Government Technology Commission
  • We do not handle textbook transactions, we merely connect you with other students
  • We are in no way responsible for items posted on this site
  • Buyer beware -- all transactions are at your own risk
  • NDSU Text Swap does NOT guarantee what books you'll need

To sum it up, all we are doing is providing you email addresses. What you do with them is up to you. We strongly urge our users to verify what books they need and beware of scams before they purchase anything from anyone. We want you to save money, so be smart, ok?

Legalese

These terms were adapted from those posted on craigslist.

ACCEPTANCE OF TERMS

The North Dakota State University Student Government, North Dakota State University Bookstore, and North Dakota State University (hereinafter referenced as "NDSU Text Swap") provides an online resource that connects students with other students attending their university, (referred to hereafter as "the Service") is subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular NDSU Text Swap services, you agree to abide by any applicable posted guidelines for all NDSU Text Swap services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with NDSU Text Swap in any way, your only recourse is to immediately discontinue use of NDSU Text Swap. NDSU Text Swap has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU here.

CONTENT

You understand that all postings, messages, text, images, photos, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email, or otherwise make available via the Service. You understand that NDSU Text Swap does not have complete control, and is not responsible for all Content made available through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will NDSU Text Swap be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that NDSU Text Swap does not pre-screen or approve Content, but that NDSU Text Swap shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify NDSU Text Swap's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at ndsusg.textswap@gmail.com

Please provide our Agent with the following Notice:

  • Identify the material on the NDSU Text Swap site that you claim is infringing, with enough detail so that we may locate it on the website
  • A 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 declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
  • Your address, telephone number, and email address
  • Your physical or electronic signature

NDSU Text Swap will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

PRIVACY AND INFORMATION DISCLOSURE

NDSU Text Swap has established a privacy policy to explain to users how their information is collected and used.

Your use of the NDSU Text Swap website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that NDSU Text Swap may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of NDSU Text Swap, its users or the general public.

CONDUCT

You agree not to post, email, or otherwise make available Content:

  • that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy or is harmful to minors in any way
  • that is pornographic or depicts a human being engaged in actual sexual conduct
  • that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  • that impersonates any person or entity, including, but not limited to, a NDSU Text Swap employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures
  • that includes personal or identifying information about another person without that person's explicit consent
  • that is false, deceptive, misleading, deceitful, misinformative
  • that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement
  • that constitutes or contains any form of advertising or solicitation if emailed to NDSU Text Swap users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests
  • that includes links to commercial services or web sites
  • that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service
  • that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service

Additionally, you agree not to:

  • contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose
  • "stalk" or otherwise harass anyone
  • collect personal data about other users for commercial or unlawful purposes
  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by NDSU Text Swap
  • post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure
  • attempt to gain unauthorized access to NDSU Text Swap's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the NDSU Text Swap website
  • use any form of automated device or computer program that enables the submission of postings on NDSU Text Swap without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to NDSU Text Swap email addresses or through NDSU Text Swap computer systems, which is expressly prohibited by these Terms, will use or cause NDSU Text Swap's servers to be used. Any unauthorized use of NDSU Text Swap computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

LIMITATIONS ON SERVICE

You acknowledge that NDSU Text Swap may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that NDSU Text Swap has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that NDSU Text Swap reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that NDSU Text Swap shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

ACCESS TO THE SERVICE

NDSU Text Swap grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by NDSU Text Swap. A limited exception to this is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

Use of the Service beyond the scope of authorized access granted to you by NDSU Text Swap immediately terminates said permission or license.

TERMINATION OF SERVICE

You agree that NDSU Text Swap, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if NDSU Text Swap believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that NDSU Text Swap shall not be liable to you or any third-party for any termination of your access to the Service.

PROPRIETARY RIGHTS

The Service is protected by federal copyright laws. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of NDSU Text Swap. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of NDSU Text Swap, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although NDSU Text Swap does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to NDSU Text Swap an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant NDSU Text Swap all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE NDSU TEXT SWAP SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE NDSU TEXT SWAP SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED. NDSU TEXT SWAP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NDSU TEXT SWAP SITE AND THE SERVICE. NDSU TEXT SWAP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NDSU TEXT SWAP SITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE NDSU TEXT SWAP SITE. NDSU TEXT SWAP DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NDSU TEXT SWAP SITE OR THE SERVICE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NDSU TEXT SWAP BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NDSU TEXT SWAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE NDSU TEXT SWAP SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NDSU Text Swap SITE OR THE SERVICE, FROM INABILITY TO USE THE NDSU TEXT SWAP SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NDSU TEXT SWAP SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NDSU TEXT SWAP SITE OR THE SERVICE OR ANY LINKS ON THE NDSU TEXT SWAP SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NDSU TEXT SWAP SITE OR THE SERVICE OR ANY LINKS ON THE NDSU TEXT SWAP SITE.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

INDEMNITY

You agree to indemnify and hold NDSU Text Swap, its affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

GENERAL INFORMATION

The TOU constitute the entire agreement between you and NDSU Text Swap and govern your use of the Service, superseding any prior agreements between you and NDSU Text Swap. The TOU and the relationship between you and NDSU Text Swap shall be governed by the laws of the State of North Dakota without regard to its conflict of law provisions. The failure of NDSU Text Swap to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.