TERMS OF USE

Welcome to the Net10 Wireless College Life Hacks website (the Site) presented by Net10 Wireless
(Net10), a brand of TracFone Wireless, Inc (TracFone). These Terms of Use (Terms) are a
legally binding agreement (Agreement) between you and Net10. It is important that you carefully
read and understand the Terms contained herein. By visiting and using this Site, you agree to be
bound by the Terms of this Agreement without modification. If you do not agree with any portion of
these Terms, your only option is to discontinue use of this Site. We reserve the right at any time,
with or without cause, to change the Terms of this Agreement, to change the Site, including
eliminating or discontinuing any feature of the Site, and to deny or terminate your use of and/or
access to the Site. Any changes to these Terms shall be effective and binding upon you when
posted to the Site.
Postings and Submissions
The Site includes various blogs and comment sections where you can post your observations and
comments on designated topics (collectively, the Submissions). Your Submissions may include,
but are not limited to, all comments, questions, suggestions, text in any e-mail transmission, video,
images, photographs, or any other content for display on the Site, that may be viewed by the general
public. Submissions are not private, confidential, or proprietary unless specifically stated in our
Privacy Policy which is incorporated by reference herein. We do not guarantee that other individuals
will not use ideas that are part of your Submissions. If you have an idea that you want to keep
private or confidential do not post it on this Site.
You are solely responsible for any Submission you post on the Site and the consequences of
posting it online. We are not responsible for the misuse or misappropriation of any Submission
posted to the Site. We assume no liability or responsibility for communications between users of the
Site. We disclaim any liability for any damages or injuries arising from any Submission posted to the
Site. We do not endorse any Submissions posted on the Site and Submissions do not reflect our
opinions or policies. All Submissions must conform to the guidelines below. Without limiting any of its
rights in law and equity, Net10 reserves the right to remove or delete any Submissions for any
reason in its sole discretion, including, without limitation, any Submission which may violate these
Terms.
By posting a Submission to the Site, you automatically grant Net10 and its designees an exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exploit the Submission and its
content and any property right (physical, personal, and indicia) contained therein, in any media now
or hereafter known, without any payment or other consideration of any kind, or permission or
notification, to you or any third party. Net10s rights shall include, without limitation, the right to
reproduce, record, alter, amend, edit, publish, publicly perform, use, merchandise, license,
sublicense, adapt, stream, create derivative works, distribute, transfer, or sell any content contained
within a Submission in any type of media now or hereafter known throughout the world.
In addition, you automatically waive and give up any claim that any use of such content violates any
of your rights, including privacy rights, publicity rights, moral rights or any other right, including the
right to approve the way Net10 uses such content. You also grant Net10 and its designees the right
to use any material, information, ideas, concepts, know-how, or techniques contained in any
Submission you provide, submit, or otherwise make available to the Site or to Net10 for any purpose
whatsoever, including, without limitation, for commercial purposes and without any further consent,
notice and/or compensation to you or any third parties. You also acknowledge and agree that we
may obtain many Submissions on this Site, or otherwise develop on our own, or through third party
vendors we engage, ideas and materials that may be similar or identical in theme, idea, format or
other respects to ideas and other Submissions you post to the Site, and you waive any and all
claims you may have had, may have, and/or may have in the future, that any ideas, composition,
video and/or other works used by us (or our designees) based on any similarity with any
Submissions made by you on this Site.
By posting a Submission, you warrant and represent that:
your Submission or any other personally identifiable information you provide to us as part of
the Submission is accurate, complete, and valid;
you are the sole and exclusive owner of all intellectual property rights in and to the content
contained in the Submissions and that you otherwise have all the sufficient rights to grant the
license above and the rights granted to Net10 herein;
your Submissions do not defame or invade publicity rights or privacy of any person, living or
deceased;
your Submission does not infringe any third-party right of privacy, publicity, or any other
personal or proprietary interest;
if any Submission contains persons other than yourself or third party elements not owned by
you, you have obtained express written consent to provide such Submission and allow it to
be used in the manner contemplated by these Terms from each and every person depicted
in the Submission and each and every owner of any third party element, and, if requested to
do so, can produce such written consent in a form and manner acceptable to us (and in
particular, if any minor is depicted in any photograph, information and/or video, you have
obtained the express written consent of the minors parent or legal guardian to submit such
photograph, information and/or video and allow it to be used in the manner contemplated in
these Terms).
You also acknowledge and agree that Net10 does not have now, nor shall in the future have any
duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the
infringement or protection of any copyright in and to any Submission made by you. All Submissions
become our physical property and will not be returned.
Acceptable Use Policy
By posting a Submission, you agree not to post or share any text, photograph, video and/or audio
recordings, other content, or any other item which:
is false and/or defamatory, inaccurate, libelous, abusive, vulgar, hateful, harassing or
threatening, makes misrepresentations;
is obscene, offensive, or contains disparaging remarks about other people or companies;
endorses any form of hate or hate group;
is profane or pornographic;
contains any nudity;
is sexually oriented, explicit or suggestive;
is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or
age group;
contains any personal identification, such as license plate numbers, personal names, e-mail
addresses or street addresses, or other indicia (such as names, likenesses, or voices)
identifying any person, including, without limitation, celebrities and/or other public or private
figures, living or dead, or is invasive of a persons privacy; contains look-alikes of celebrities
or other public or private figures, living or dead, unless you have obtained their written
consent;
contains copyrighted materials owned by others (including without limitation, photographs,
sculptures, paintings, and other works of art or images published on or in websites,
television, movies or other media); contains trademarks or trade dress (such as distinctive
packaging or building exteriors/interiors) owned by others, unless you have obtained their
written consent;
appears to duplicate any other submitted materials and/or recordings;
communicates messages inconsistent with the positive images and/or good will to which we
wish to associate;
discusses, recommends or endorses any activities or actions that are unsafe, hazardous or
dangerous; and/or
violates or advocates the violation of any law.
Net10 reserves the right to monitor all Submissions posted and to remove, delete or edit any
Submissions posted for any reason, including, without limitation, Submissions that we determine are
spam, off-topic, or violate these Terms and any other code of conduct posted on this Site or are
otherwise inappropriate as we determine in our sole discretion. We specifically disclaim any liability
for exercising such rights. Net10, however, has no obligation to review Submissions or any other
posted content and specifically disclaims any responsibility or liability for them.
Without in any way waiving any of the requirements or rights under these Terms (and/or releasing
you from your obligations, representations, or warranties herein), Net10 may elect, in its sole
discretion, to post and/or upload Submissions it believes do not violate the intent or purpose of these
Terms. Net10 may, but is not obligated to, advise you via your identified e-mail address whether any
of your Submissions have been accepted. We reserve the right not to advise you as to the reason
why any of your Submissions have NOT been accepted. If you desire any Submissions and/or user
name to be removed from this Site, please contact us via the Tumblr Fan Mail messaging system.
Photograph, text, audio and/or video uploads and removals shall NOT occur more often than once
per day.
Ownership
This Site is protected by copyright as a collective work or compilation under the copyright laws of the
United States and other countries, and Net10 (subject to its agreements with third parties) owns and
controls all content on this site. You agree to abide by all additional copyright notices, information or
restrictions posted on the Site. You may not copy, reproduce, distribute, publish, display, perform,
modify, create derivative works, transmit, or in any way exploit any part of this Site, except in
accordance with the copyright law of the United States.
The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are
the registered and unregistered trademarks of TracFone and/or other third-parties. Nothing
contained in this Agreement or the Website should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any Trademark(s) without the express written
permission of Net10 or the third party owner of any such Trademark.
Third-Party Links
This Site may contain links to other websites for your convenience. We do not control the linked
websites or the content provided through such websites, and we have not reviewed, in their entirety,
such websites. Your use of linked websites is subject to the privacy practices and terms of use
established by the specific linked website, and we disclaim all liability for such use. The fact that we
offer such links does not indicate any approval or endorsement by us of any linked website or any
material contained on any linked website, and we disclaim any such approval or endorsement.
Claims of Copyright or Trademark Infringement
The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who
believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you
believe that any material on the Site violates your copyright, please contact us with a notice that
complies with the terms of the DMCA.
Your notice must include the following: (a) a description of the copyrighted work that you claim has
been infringed; (b) identification of the material that you claim is infringing and information
reasonably sufficient to allow Net10 to locate the material on the Site; (c) your name, address,
telephone number, and email address; (d) a statement by you that you have a good faith belief that
the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
(e) a statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.
Please be advised that Net10 will not respond to complaints that do not meet these requirements. If
we determine that the materials alleged to infringe your copyright or trademark rights do not require
removal, we will remove those materials only pursuant to a court order declaring the content or use
of the materials unlawful.
You may send your notice to us by fax to (312) 988-2363 or via email in the form of a PDF
attachment to net10collegehacks@gmail.com.
Disclaimers
NET10 MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SUBMISSIONS POSTED ON THE SITE OR THE ACCURACY
AND RELIABILITY OF THE SUBMISSIONS OR ANY MATERIAL OR INFORMATION
TRANSMITTED ON THE SITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY,
REPRESENTATION OR GUARANTEE WITH RESPECT TO THE CONTENT, QUALITY, SAFETY,
LEGALITY OR OTHER CHARACTERISTICS OF SUCH SUBMISSIONS, INCLUDING, WITH
RESPECT TO THE CONDUCT OF ANY THIRD-PARTYS IN CONNECTION WITH ANY
POSTINGS.
THE SITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION CONTAINED THEREIN, IS
PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE
OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS
CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
FURTHER,THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SITE,
OR YOUR USE OF THE SITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE,
CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE
CORRECTED, OR THAT THE SITE, OR ANY INFORMATION, SOFTWARE OR OTHER
MATERIAL ACCESSIBLE FROM THE SITE, IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION
REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SITE EITHER IN TERMS
OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR
SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
Limitation of Liability
In no event shall Net10, TracFone, its licensors, sponsors, agents, successors, or assigns, nor their
directors, officers, employees, consultants, or other representatives, be responsible or liable for any
indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without
limitation any loss of revenue, sales, profits or loss of data), however caused and whether arising
under contract, tort, negligence, or other theory of liability arising out of or relating in any manner to
the Site, Submissions, and/or any linked website, whether or not we have been informed of the
possibility of such damages or liabilities. Your sole remedy with respect to this Site, the
Submissions, or any linked website is to stop using the Site, the Submission, or linked website, as
applicable. In no event shall Net10, TracFone, and its licensors, sponsors, agents, successors, or
assigns, and their directors, officers, employees, consultants, or other representatives have any
liability to you for any damages, expenses or other liability incurred by you as a result of any
inaccuracy, incompleteness or misrepresentation of any information, content, postings or
Submissions posted on the Site. Further, you agree to waive any claim of alteration, optical illusion,
or faulty mechanical or electronic reproduction of any submissions (for example, any video or
photographs), including without limitation, any claim due to any variation of the color, tone, clarity,
cropping, or other appearance of any submissions.
Indemnification
You agree to indemnify and hold harmless Net10, TracFone and its affiliates, and their respective
directors, officers, managers, employees, shareholders, agents, and licensors, from and against all
claims, damages, losses, expenses and costs, including reasonable attorneys fees and costs,
arising directly or indirectly from: (a) your breach of this Agreement, including but not limited to the
Acceptable Use Policy; (b) any allegation that any content you submit to us or Submission you post
to the Site infringes or otherwise violates the copyright, patent, trademark, trade secret, or other
intellectual property or other rights of any third party; (c) your activities in connection with the Site
and the other websites linked herein; and/or (d) your negligence or willful misconduct.
Governing Law & Dispute Resolution
This Agreement shall be construed under the laws of the State of Florida without regard to choice of
law principles, except for the arbitration provision set forth herein, which shall be governed by the
Federal Arbitration Act. Any legal controversy or legal claim arising out of or relating to these Terms,
excluding legal action taken by Net10 to obtain an injunction relating to its intellectual property, shall
be settled by binding arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Miami, and judgment on the arbitration award may be entered into
by any court having jurisdiction thereof.
Entire Agreement
This Agreement constitutes the entire agreement between you, Net10, and TracFone with respect to
this Site. The failure of either party to enforce at any time any of the terms set forth herein shall not
be construed to be a waiver of any such terms nor in any way affect the validity and enforceability of
these Terms. No waiver of a breach of any term shall be deemed a waiver of any other or
subsequent breach of a term. In the event any provision contained in this Agreement is deemed
unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
2014 TracFone Wireless, Inc.