theScore – Campus MVP Terms
Updated as of December 1, 2017
THESCORE CAMPUS MVP TERMS
Last Revised: December 1, 2017
theScore’s Campus MVP ("Campus MVP") is coordinated by Score Media Ventures Inc. and/or its affiliates (collectively "theScore"). Your participation as a Campus MVP is subject to these Campus MVP Terms ("Terms"). theScore may, at its discretion, update these Terms at any time. You can access and review the most current version of the Terms at the URL for this page or by clicking on the "Terms and Conditions" link at the bottom of each page of the Campus MVP site.
PLEASE REVIEW THE TERMS CAREFULLY. BY REGISTERING FOR AND PARTICIPATING OR ACCESSING OR OTHERWISE USING THIS SITE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, DO NOT SIGN UP OR OTHERWISE PARTICIPATE.
If you are under 13 years of age, you may not apply for or participate to be a Campus MVP. If you are at least 13 years of age but under 18 years of age or the age of majority in your jurisdiction, whichever is greater, you represent and warrant that you have obtained the consent of your parent or legal guardian before applying to be a Campus MVP or otherwise accessing or using the site. Otherwise, you represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; and (ii) of legal age to form a binding contract. In all cases, you represent and warrant that you are not a person barred from participating, or otherwise accessing or using the site under the laws of your country of residence or any other applicable jurisdiction.
In connection with your participation as a Campus MVP, you shall not:
If you elect to provide or make available to theScore any suggestions, comments, ideas, improvements or other feedback relating to any of theScore’s products, services and/or apps ("Suggestions"), theScore shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you. You will not knowingly provide theScore any Suggestion that is subject to third party intellectual property rights.
You acknowledge that the relationship between you and theScore is on a volunteer basis and that you are not to be deemed to be an employee of theScore or any of its affiliates for any purpose. You shall not be entitled to any compensation, remuneration, reimbursements, rights or benefits other than as set forth in these Terms. Likewise, no partnership, joint venture or agency will be created or will be deemed to be created by these Terms or by any action of you or theScore hereunder, and you shall not represent yourself to have or be in any such relationship with theScore.
You are responsible for paying all expenses incurred as a result of your participation, including without limitation any airtime service provider, data and/or Wi-Fi costs, and are not entitled to any reimbursement from theScore.
theScore reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, Campus MVP (or any portion thereof) with or without notice. You agree that theScore shall not be liable to you or any third party for any such modification, suspension or discontinuance.
In the event that you violate these Terms, all rights granted to you under these Terms shall be terminated immediately, with or without notice. theScore, in its sole discretion, may remove and discard any Curated Content at any time. theScore, in its sole discretion, may remove a participant’s “Campus MVP” status at any time. The provisions of the Terms that should by their nature survive termination of the Terms shall survive such termination.
You agree to indemnify and hold theScore and its parents, subsidiaries, affiliates, officers, directors, employees, agents, mandataries, partners and licensors (collectively, "theScore Parties") harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys' fees, resulting from or arising out of your: (a) participation hereunder; (b) violation of the Terms or any law or regulation; or (c) violation of any rights of another party.
YOUR PARTICIPATION HEREUNDER IS AT YOUR SOLE RISK. THESCORE’S CAMPUS MVP AND ALL ASSOCIATED WEBPAGES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESCORE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
For Canadian Residents: The Terms shall be governed by and construed and enforced in accordance with the laws of Ontario and the laws of Canada applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the Canadian jurisdiction in which you reside apply, in which case the laws of such jurisdiction will apply.
For All Others: The Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of New York, without regard to conflict of laws principles.
For All Participants: The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TERMS OR YOUR PARTICIPATION HEREOF, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that:
For Canadian Residents: The hearing will be conducted in Toronto, Ontario, Canada or the city within Canada in which you reside; or
For All Others: The hearing will be conducted in the County and State of New York or the city within the United States in which you reside.
The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS RELATING IN ANY WAY TO THE TERMS OR YOUR PARTICIPATION HEREIN WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN:
FOR CANADIAN RESIDENTS: A COURT OF COMPETENT JURISDICTION IN TORONTO, ONTARIO, CANADA; OR
FOR ALL OTHERS: THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE SUPREME COURT OF NEW YORK COUNTY.
YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and theScore may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
You agree that, except as otherwise expressly provided in herein, there shall be no third-party beneficiaries to these Terms.
These Terms constitutes the entire agreement between you and theScore concerning your participation herein. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and theScore with respect to such subject matter. The failure of theScore to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the Terms. It is the express wish of the parties that the Terms and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.