Terms of Service
The Important Stuff...Part One
COLLEGE CASH, INC (“COLLEGE CASH” or “we”) offers a platform for registered Users (“you” or “Users”), which include both licensees (“Buyers”) and licensors (“Users”) to license Content (defined as but not limited to photography, images, graphics, audio and video clips, text and data) in an online marketplace. Buyers can create and publish requests for specific types of Content (each called a campaign) and Users can submit Content in response to a campaign, for possible license. In addition, COLLEGE CASH hosts a collection of Content that it makes available to all Buyers for possible license through a searchable collection of Content where Buyers may purchase individually. Content that is not used in a campaign will expire and will eventually be removed from our system. Users or other Content owners can establish and upload their Content to an online profile, where such Content ("Profile Content"), may be licensed by Buyers directly from the User. Further information on how users can request Content, submit Content, and license Content can be found below or in our FAQ’s.
YOU AGREE THAT DISPUTES BETWEEN YOU AND COLLEGE CASH ME, INC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION. FOR FURTHER INFORMATION PLEASE CONSULT THE “ARBITRATION” SECTION BELOW.
Buyers can request photo content through the creation of a campaign following the instructions detailed within the Service and in the COLLEGE CASH FAQ's. Users may need to reach a certain user level before they can respond to and participate in a campaign. COLLEGE CASH may also offer photo Campaigns within the Service (“COLLEGE CASH Campaigns”). Users who submit Content in response to a campaign may also be eligible to submit to COLLEGE CASH Campaigns that COLLEGE CASH or Buyers may run from time to time. Buyers may also license photos from COLLEGE CASH Campaign posted by COLLEGE CASH at any time. Campaign photo content are governed by the same Prohibited Uses defined below. Please be sure to read and understand the Campaign rules as posted on the Service.
Content uploaded to a User' profile as samples of their work (“Profile Content”), but not included in the Marketplace, may also be made available for purchase to Buyers. COLLEGE CASH, in its sole discretion, may review any Content submitted by Users to their profile and include it in the Marketplace. Under no circumstances shall COLLEGE CASH indemnify Buyers who license Profile Content that is not chosen for the Marketplace. More information regarding use of Your profile, managing your Profile Content and maximizing your licensing opportunities, can be found in our FAQs. Please do not include your own watermarks in uploaded Content. Photos uploaded to COLLEGE CASH are automatically watermarked to ensure your copyright protection. When a Buyer licenses Content hereunder, the watermark is removed when the Content is downloaded. If you upload a photo with your own watermark there may be technical or attribution issues, and opportunities for to the image will be diminished.
All promotions and offers by College Cash are subjected to a set of terms and conditions, which we reserve the right to change without prior notice, in the best interests of the company. The right to amend terms and conditions includes changing the price of the promotion or offer, terminating the offer before stated validity date, changing the details of the promotion or offer or any other changes in order to protect the interests of the company or under circumstances of abuse.
By submitting a photo to a campaign, you agree to opt-in to receive e-mail communications from the Buyer posting the campaign. If you choose to opt out of such future communications from the Buyer, you will be able to do so by following the instructions on any electronic communications sent by them.
COLLEGE CASH automatically uses various technologies to determine your location, such as location services of the applicable operating system or browser and sensor data from your device in order to tailor your COLLEGE CASH experience to your current location. Also, COLLEGE CASH may use your mobile device’s ‘background location’ services to send you notifications on Campaigns nearby. If you have ‘background location’ turned on, COLLEGE CASH will, from time to time, request your location even if you are not directly interacting with COLLEGE CASH. COLLEGE CASH may also use anonymized historical location information to improve the platform.
Buyer agrees that it shall provide attribution to the User in connection with any editorial use of Content licensed via COLLEGE CASH, unless the User waives any right to attribution directly. Notwithstanding the above, COLLEGE CASH shall not be responsible if the Buyer fails to credit the User.
Terms Each User grants the following licenses where applicable:
Each Buyer that purchases Content, creates a campaign or each User that uploads Content to the Service agrees to grant the following licenses where applicable:
A. License to COLLEGE CASH for use in the Platform: A worldwide, non-exclusive, royalty-free, transferable license to reproduce, distribute, display and to create derivative works of Content uploaded to COLLEGE CASH in connection with its offering of the Services, including for promoting the Service; and/or redistributing the Service through third parties in any format and through any distribution channels.
B. License To COLLEGE CASH for the Marketplace: A worldwide, royalty-free, transferable license (that is exclusive in the case of Premium Content) to reproduce, distribute, publish, transmit and display (in whole or in part) and to create derivative works of the Content uploaded by Users (collectively 'use') with the right to grant sublicenses to licensees to use the Content, in all media throughout the world, for all legal purposes, other than those uses prohibited below under Prohibited Uses. This grant of rights includes the right to permit COLLEGE CASH to use the services of third-party distributors to offer selected Content for licensing.
Each User grants to each Buyer:
A.) A worldwide, non-exclusive, royalty-free license to grant access to the Content through the Service for review purposes (as defined in this agreement); and
B.) upon selection of Content for license by a Buyer and payment therefor, a perpetual, non-exclusive, non-transferable, non-sub-licensable, royalty-free worldwide personal and commercial license to, reproduce, distribute, publish, transmit and display, in whole or in part, the Content, and create derivative works from the Content in any and all media for all legal purposes other than those uses prohibited below under Prohibited Uses or as stated with the Content's Permission Status limits. Buyer may store the Content in a closed digital library, network configuration or similar arrangement to allow the Content to be viewed by employees, partners and clients of Buyer only. All rights to the Content shall continue to be owned by the Buyer.
By way of example only, as part of the License Grant to a Buyer, the Buyer is permitted to:
Have the Content reproduced by subcontractors of Buyer for the preparation of the Content, and shared with clients and 3rd party vendors, provided that such subcontractors agree to abide by the provisions of this Agreement; Incorporate the Content into print, digital, and social marketing and advertising campaigns, on merchandise for resale or distribution (except for “print on demand”), without limitation to any size of the production run of such merchandise, including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online or paper greeting cards, provided that the merchandise contains text or written words and the Content is as one item; or that the Content, alone, is not the primary factor driving the sale of the merchandise.
This license is a limited license. Buyer may not: Use the Content in any pornographic, defamatory or otherwise unlawful manner, whether directly or in context or juxtaposition with specific subject matter. Use any Content featuring a model or property in connection with the endorsement of any product or service or a subject that would be unflattering or unduly controversial to a reasonable person, without accompany each such use with a clear and conspicuous statement that indicates that (i) the Content is being used for illustrative purposes only, and (ii) any person depicted in the licensed Content, if any, is a model. Use any Content for commercial purpose, featuring an identifiable trademark, person or property that the User has NOT obtained the explicit permission. For the purposes of clarity, you MAY NOT use any photo with recognizable people or property for COMMERCIAL PURPOSES (as to promote a product or a service) where the photo's permissions status is marked "No or Not Applicable. Editorial Use Ok." Outside of derivative works created with the Content; sublicense, sell, assign, convey or transfer any rights granted to the Content under this Agreement, including the use in any competitive Service; Sell, license or distribute any end product containing the Content in a way that is intended to allow or invite a third party to download, extract or access the Content as a standalone file; Without obtaining an additional license or other direct permission, use or display the Content in any medium designed to induce or involve the sale, license or other distribution of "print on demand" products where the Content is the main focus of the product (e.g., products in which Content, alone, is selected by a third party for customization of such product on a made-to-order basis, including, by way of example only, on-demand postcards, mugs, tee shirts, prints, and other items); Falsely represent, expressly or implied, that User is the original creator of a work that derives a substantial part of its artistic components from the Content as this would infringe on the copyright of the original artist; or Make the Content available to a third party on a digital asset management system, shared drive or file sharing service for the sole purposes of sharing or transferring Content with out a license. In Regular Words: Buyers, don't do any of the above without separate permission from the User or COLLEGE CASH or the deal is off. Termination by User All licenses to the Content granted by a User to COLLEGE CASH according to the above shall automatically terminate when the User or COLLEGE CASH, as the case may be, removes or deletes the Content from the Service. Termination or removal of Content by a User shall not affect any previously granted licenses to Buyers. Please review our FAQs for more information regarding management of Your Content and your profile.
For any Content licensed, the Buyer agrees to pay the amount posted on the Campaign by way of posted amount (“License Fee”) in US Dollar; and User agrees to pay a separate service charge to COLLEGE CASH for the use of the Service (“Service Charge). Please note: Upon Disbursement request payments will be processed on the 1st Monday of every month after the end of the campaign, providing your balance is $25 or more. If that day is a US holiday, the payment will be made on the next business day. In any event, once you request a payout, it currently averages up to 15 business days to have those funds received and posted to your chosen student loan servicer account. Payments may not be released to the User directly.
License Fees are collected directly by COLLEGE CASH via the payment facilitator at the time the transaction occurs. The Transaction Fees are automatically deposited into COLLEGE CASH’s account and then distributed to Users via the User’s chosen COLLEGE CASH-supported payment facilitator after a 3-day settlement period. After the settlement period has passed, User has the right to withdraw payouts associated with License Fees. All sales are final and there is no cancellation once a license transaction has occurred. License Fees paid to the User for the Content is taxable income in most countries. Users who receive License Fees shall be liable for ensuring that all payments of tax, and other payments are duly remitted in accordance with the applicable legislation of their country and region.
Employment and Withholding COLLEGE CASH does not employ Users in any way. As such, COLLEGE CASH will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with Your use of the Service or any transactions in connection therewith. You understand and agree that if COLLEGE CASH is found to be liable for any tax or withholding tax in connection with Your use of the Services, then you will immediately reimburse and pay to COLLEGE CASH an equivalent amount, including any interest or penalties thereon.
COLLEGE CASH represents and warrants that the Content (as submitted and unaltered by Users) that is downloaded and used in full compliance with this Agreement and applicable law will not infringe any copyright, trademark or other intellectual property right, and such unaltered Content does not violate any third parties' rights of privacy or publicity; and (b) unaltered Content does not and will not: (i) violate any US law; (ii) be defamatory or libelous; or (iii) be pornographic or obscene.
Upon notice from COLLEGE CASH, or upon your knowledge that any Content is subject to a threatened, potential or actual claim for which Content owner or COLLEGE CASH may be liable, you must immediately and at your own expense (a) stop using the Content; (b) delete or remove the Content and any uses of the Content from your premises, computer systems and storage (electronic or physical); and (c) ensure that your clients, partners and any entity to whom you’ve provided Content do likewise. COLLEGE CASH shall provide you with replacement Content (which shall be determined by COLLEGE CASH in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement. Disclaimer; Limitation of Liability OTHER THAN AS SET FORTH IN INDEMNIFICATION ABOVE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COLLEGE CASH AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL COLLEGE CASH, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
COLLEGE CASH has adopted and implemented the COLLEGE CASH Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
Third-Party Links, Sites, and Services The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by COLLEGE CASH. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from COLLEGE CASH, you do so at your own risk, and you agree that COLLEGE CASH will have no liability arising from your use of or access to any third-party website, service, or content.
To file a complaint or to receive further information regarding use of the Service, send a letter to the above address, contact COLLEGE CASH via e-mail. You may also contact the Office of Consumers' Counsel at: 77 South High Street, 15th Floor, Columbus, OH 43266-0550E-mail: email@example.com Web site: www.state.oh.us/cons/