Terms of use

  1. ACCEPTANCE OF TERMS AND MODIFICATIONS TO THIS AGREEMENT

    This is a contract between you and HAWKCHALK.COM. HAWKCHALK.COM (“the site”) provides all content, services, postings, and advertisements (“services”) subject to this Terms of Use Agreement (“TOU”). Any use of these services, whether via posting to the site or using information gained from any services on this site, constitutes your agreement to comply with this TOU in its entirety. This includes, but is not limited to, your agreement to use the site and its services only in the manner prescribed by this TOU, including abiding by all rules, guidelines, terms, conditions, and eligibility requirements contained herein, and all state and federal laws. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE USING THE SITE OR ANY OF ITS SERVICES. If you object to, are unwilling to, or feel you may be unable to abide by ANY term or condition of this TOU, you do not have permission to use this site or any of its services and must discontinue use immediately.

  2. ELIGIBILITY

    The site is available for posting only to individuals eighteen (18) years of age or older who are currently enrolled for credit in courses at a University of Kansas campus or are faculty or staff of the University of Kansas and who possess a valid ku.edu email address. By using the site or any of its services, you are representing to HAWKCHALK.COM that you meet these eligibility requirements. No other individual, business, organization, or entity is allowed to post on this site without the express written consent of HAWKCHALK.COM and The University Daily Kansan. The site and all of its services are for personal use only by eligible individuals. Any individuals using the site or any of its services in a business capacity shall be found in violation of this TOU.

  3. USER RESPONSIBILITY FOR LOGIN INFORMATION

    By using the site or any of its services, you agree that you are responsible for maintaining the confidentiality of your login information, including any login IDs and passwords required to access this site. You are responsible for all activity on this site which was enacted or accomplished through the use of your login information, whether or not it was enacted, accomplished, or authorized by you. If you suspect your login information may have been compromised, it is your duty to immediately notify the site administrator at admin@HawkChalk.com, or by calling (785) 864-4358. Any individuals believed to be willfully compromising the security of their login information shall be found in violation of this TOU.

  4. CONTENT

    HAWKCHALK.COM is not responsible for any of the content presented on the site. For the purposes of this TOU, content shall be defined as all text and all images, including but not limited to postings, photos, videos, and links to third party websites. By using the site or any of its services, you are certifying that you understand all content presented on the site is the sole responsibility of the party generating the content and is in no way the responsibility of the site. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT WHICH YOU TRANSMIT TO OR THROUGH THIS WEBSITE, INCLUDING ALL POSTINGS, TEXT, PHOTOS, IMAGES, MESSAGES, EMAILS AND REPRESENTATIONS MADE REGARDING PRODUCTS, SERVICES, OR OPPORTUNITIES. You further understand that HAWKCHALK.COM does not and is not obligated to control, screen, or verify the veracity of any of the content presented on the site. HAWKCHALK.COM content posted by its users may contain materials which are obscene, inaccurate, fraudulent, misleading, or otherwise objectionable. ANY USE OF ANY CONTENT PRESENTED ON THE SITE IS AT YOUR OWN RISK. By using the site or any of its services, you agree to accept all risk associated with using any content presented on the site and agree that you are responsible for independently verifying the veracity of all content.

  5. CONDUCT

    By using the site or any of its services, you agree to not post content to the site or transmit content through the site: 1) which is unlawful in any way; 2) which is abusive, harassing, libelous, harmful, or threatening to any other person; 3) which is sexual in nature, sexually explicit, pornographic, advertises sexually explicit or pornographic goods or services, solicits sexually explicit or pornographic goods or services, or refers to sexual or sexually explicit situations; 4) which markets or advertises the sale of any illegal goods or services, including but not limited to illegal drugs, prescription drugs without a prescription, explosives, prostitution, humans, organs, or any part of the human body; 5) which markets, advertises, or promotes the use of alcoholic beverages; 6) which markets or advertises the sale of any weapons, including but not limited to handguns, shotguns, rifles, bayonets, explosives, grenades, rockets, missiles, knives, swords, spears, or poisons; 7) which violates any state or federal laws regarding the marketing, advertising, or sale of vehicles, including odometer fraud and lemon laws; 8) which discriminates against any person, group, business, or organization based on race, ethnicity, age, sex, sexual orientation, religion, or disability or any other protected class under city, state, or federal law or University of Kansas regulations; 9) which violates the federal Fair Housing Act or any state of Kansas or local laws regarding equal opportunity in the availability of housing in the marketing, advertising, sale, renting, or lease of real estate; 10) which violates federal, state, or local laws regarding equal employment opportunity regarding the posting of a job; 11) which is fraudulent in any way, including but not limited to impersonating any other individual, business, or organization, impersonating an employee of HAWKCHALK.COM, which contains false, deceptive, misleading, or deceitful marketing or advertising, or which constitutes a “bait and switch;” 12) which infringes any United States or international copyright laws, including but not limited to copyright, patent, trademark, trade secret, or other proprietary rights infringement or any individual, business, or organization; 13) which contains marketing or advertising on the part of a third person, business, or organization, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisements; 14) which contacts anyone who has asked not to be contacted or stalks or otherwise harasses anyone, or which collects personal information about other users; 15) which violates the posting limits set forth by HAWKCHALK.COM

  6. DEALINGS WITH THIRD PARTIES, THIRD PARTY SITES, AND SERVICES

    Content presented on HAWKCHALK.COM may lead to interaction or dealings with third parties. These third parties may include, but are not limited to, buyers and sellers of products, employers, landlords, roommates, businesses, and organizations. These interactions or dealings with third parties, including the purchase, sale, and delivery of goods or services, and the terms, conditions, exceptions, warranties, and representations pertaining to such transactions are solely between yourself and these third parties and are in no way the responsibility of HAWKCHALK.COM. By using the site or any of its services, you agree HAWKCHALK.COM is under no circumstances responsible or liable for any loss or damage incurred as the result of any such interactions or dealing.

    Content presented on HAWKCHALK.COM may contain “links” which redirect you to third party websites containing content which is completely independent of HAWKCHALK.COM. By using the site or any of its services, you understand that HAWKCHALK.COM does not and is not obligated to control, screen, or verify the veracity of any of the content presented on third party sites. Content posted on third party sites may contain materials which are obscene, inaccurate, fraudulent, misleading, or otherwise objectionable. ANY USE OF ANY CONTENT PRESENTED ON THIRD PARTY SITES IS AT YOUR OWN RISK. Using the site or any of its services constitutes your unqualified agreement that you, and not HAWKCHALK.COM, accept all risk associated with using any content presented on third party sites and agree that you are responsible for independently verifying the veracity of content.

  7. COPYRIGHT POLICY

    By using the site or any of its services, you are agreeing to abide by all applicable United States and international copyright laws. By posting content to the site, you are representing to and assuring HAWKCHALK.COM that you either own the content you are posting or are licensed to reproduce the content you are posting to the site and that your posting of content does not violate the copyright rights, publicity rights, contract rights, or any other rights of any person, business, or organization. You further agree to pay any and all royalties and fees associated with copyrighted materials posted to the site and indemnify HAWKCHALK.COM against any claims of copyright infringement which may arise from any of your postings.

  8. PRIVACY POLICY

    HAWKCHALK.COM is committed to protecting your privacy and has created a Privacy Policy which dictates how the site collects and uses the personal information of its users. This Privacy Policy applies to information collected from users of the site or any of its services through use of the site and its services. Your use of the site or any of its services constitutes your unqualified agreement with its terms. This Privacy Policy is as follows. HAWKCHALK.COM collects user information in the form of your name, your university classification, your email address, your use of the site and its services, and your user habits. HAWKCHALK.COM collects and uses your personal information to operate and improve the site and deliver the services you have requested. The information collected may be used by the site, Kansan.com, and The University Daily Kansan. These uses may include, but are not limited to, providing you with more effective customer service, performing research and analysis to improve the site or its services, and marketing. Your personal information may also be used to communicate with you. The information collected will not be sold to any third party. HAWKCHALK.COM reserves the right to access and/or disclose your personal information if we believe such action is necessary to comply with the law or legal process served on the site, Kansan.com, The University Daily Kansan, or the University of Kansas or to act in urgent circumstances to protect the personal safety of site users or members of the public. By using the site or any of its services, you are consenting to receive any periodic notices or informational updates via email which HAWKCHALK.COM deems warranted.

  9. “POSTING AGENTS” AND SPAM POLICY

    By using the site or any of its services, you agree to not act as or use the services of a posting agent, which is defined as a third-party agent who offers to post content to the site on behalf of others. Posting agents are strictly forbidden by HAWKCHALK.COM. You further agree to not send unsolicited email advertisements (“spam”) to HAWKCHALK.COM users. Spam is strictly forbidden by HAWKCHALK.COM. Any individuals or businesses believed to be acting as or using posting agents or generating spam shall be found in violation of this TOU and, where appropriate, referred to the proper federal, state, or local authorities.

  10. FEE FOR SERVICES

    HAWKCHALK.COM reserves the right to charge a fee for using the site or any of its services. Any fee for posting content to the site which may be assessed does not constitute HAWKCHALK.COM assuming any responsibility for the content of the posting. The content of all postings to the site is the sole responsibility of the individual posting the content. Should a fee for posting be assessed, any fees paid are non-refundable in the event the posting is removed from the site due to violations of this TOU or any state or federal law.

  11. LIMITATION ON SERVICE

    By using the site or any of its services, you agree that HAWKCHALK.COM may limit your use of this service. Eligible individuals posting content to the site shall be allowed up to four (4) postings in any thirty (30) day period. Each posting shall appear as content on the site for a period of seven (7) days after posting. While there is no line or alphabetic character limit currently imposed on postings to the site, HAWKCHALK.COM may impose at any future time without notice to users any line or alphabetic character limit it deems appropriate. Postings to the site may appear concurrently as printed postings in the classified section of the The University Daily Kansan at the The University Daily Kansan’s discretion. Should the The University Daily Kansan grant a concurrent printed posting in their classified section to any HAWKCHALK.COM posting, such printed posting shall be limited to not more than five (5) lines of text or one hundred and seventy (170) alphabetic characters, whichever is fewer. The University Daily Kansan reserves the right to edit any HAWKCHALK.COM posting to meet this requirement.

  12. ACCESS TO SERVICE

    By using the site or any of its services, you understand that HAWKCHALK.COM is provided on an “as available” basis. HAWKCHALK.COM is under no duty or obligation to make the site or any of its services or content available at any time. Under no circumstances shall HAWKCHALK.COM be liable to any user for any damages, direct or indirect, actual or consequential, resulting from any delay or discontinuation of access or services.

  13. TERMINATION OF SERVICE

    By using the site or any of its services, you agree that HAWKCHALK.COM has the unabridged right to terminate your service on the site for any reason and without notice. This includes the right to immediately and without notice remove content you have posted to the site. You agree that HAWKCHALK.COM shall not be liable to you or to any third party for termination of your service.

  14. PROPRIETARY RIGHTS AND AGREEMENT TO NOT RESELL CONTENT

    By using the site or any of its services, you agree to not use any HAWKCHALK.COM or Kansan.com logos, trademarks, or site images without the express, written permission of HAWKCHALK.COM. The source code of the site is the intellectual property of the site and The University Daily Kansan, and you agree to not access, view, tamper with, download, copy, store, or reproduce this source code. You further agree to not duplicate, copy, reproduce, or store on any storage device or storage media any content from the site or any portion of the site’s services for resale or for any other commercial purpose.

  15. DISCLAIMER OF WARRANTIES

    BY USING THE SITE OR ANY OF ITS SERVICES, YOU EXPRESSLY AGREE THAT USE OF HAWKCHALK.COM AND ITS SERVICES IS AT YOUR SOLE RISK AND RESPONSIBILITY, AND NOT THE RESPONSIBILITY OF HAWKCHALK.COM. THE SITE AND ALL OF ITS SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE FUNCTIONING OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES POSTED ON THE SITE BY HAWKCHALK.COM OR ITS USERS.

    TO THE FULLEST EXTENT ALLOWED BY LAW, HAWKCHALK.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS REGARDING THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. HAWKCHALK.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR THAT ANY SUCH MATERIALS MADE AVAILABLE ON THE SITE BY HAWKCHALK.COM OR ITS USERS IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATING OR DESTRUCTIVE CODE. HAWKCHALK.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO CONTENT POSTED ON THE SITE BY USERS. WHILE HAWKCHALK.COM ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, THE SITE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS. TO THE FULLEST EXTENT ALLOWED BY LAW, HAWKCHALK.COM DISCLAIMS ANY WARRANTIES FOR OTHER GOODS OR SERVICES POSTED TO OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY “LINKS” FOUND ON THE SITE.

  16. LIMITATIONS OF LIABILITY

    IN NO EVENT SHALL HAWKCHALK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, RESULTING FROM YOUR USE OF THE SITE OR ANY OF ITS SERVICES. THIS INCLUDES ALL LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT, ERRORS IN THE CONTENT OF THE SITE WHETHER CREATED BY HAWKCHALK.COM OR POSTED BY ITS USERS, OR TRANSACTIONS CONDUCTED USING THE SITE, EVEN IF HAWKCHALK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HAWKCHALK.COM EXCEED $10.00, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR ANY OF ITS SERVICES

  17. INDEMNITY

    By using the site or any of its services, you agree to defend, indemnify and hold harmless HAWKCHALK.COM, The University Daily Kansan, The University of Kansas, and their management, administrators, staff and interns against any and all liability, loss, claims, or demands made by any third party resulting from your use of the site or any of its services.

  18. CHOICE OF LAW AND VENUE

    The content presented on the site is designed to service only the cities in which a University of Kansas campus is located. These cities are Lawrence, Wichita, Topeka, Parsons, and Kansas City, Kansas. Though content may be viewed freely over the internet, it is not the intention of HAWKCHALK.COM to do business in other states or countries besides Kansas. By using the site or any of its services, you agree the relationship between yourself and HAWKCHALK.COM shall be governed by the laws of the state of Kansas. You agree that all disputes or claims which may arise between yourself and HAWKCHALK.COM, whether or not related to your use of the site or any of its services, shall be submitted to final and binding arbitration in Lawrence, Douglas County, Kansas. Arbitration is to be conducted by a party of HAWKCHALK.COM’s choosing and will apply as rules those set forth by the American Arbitration Association. Should a dispute arise which may not be arbitrated and requires litigation, you agree any such litigation will occur in Douglas County District Court, Douglas County, Kansas.

  19. MERGER CLAUSE

    By using the site and/or any of its services, you agree this TOU constitutes the entirety of the agreement between you and HAWKCHALK.COM. This TOU supersedes any other written or oral agreements which may have been made between yourself and HAWKCHALK.COM. This TOU may be modified at the discretion of HAWKCHALK.COM without prior notice and it is your responsibility to keep apprised of any modifications to this TOU.

  20. RESERVATION OF RIGHTS

    Failure by HAWKCHALK.COM to enforce any provision of this TOU does not constitute a waiver of any right or provision. HAWKCHALK.COM reserves the right to enforce this TOU at its discretion.

  21. SEVERABILITY CLAUSE

    Should any provision of this TOU be found invalid by a court of competent jurisdiction, you agree the invalid provision shall be set aside and the remainder of the TOU shall be enforced as written. You further agree the court should attempt to give effect to the intentions set forth in the invalidated provision to which you agreed by using the site or any of its services.

  22. VIOLATION OF TERMS

    Please report any violations of this TOU, by flagging the posting(s) for review, or by emailing abuse@HawkChalk.com. Any violation of this TOU will result in the immediate termination of the violator’s use of the site and its services, the immediate deletion of all postings the violator has made to the site, and referral of the violation to the proper federal, state, or local authorities where warranted.

  23. FEEDBACK

    Your comments are important to HAWKCHALK.COM. Please email any questions or comments concerning this document to admin@hawkchalk.com.

    BY TYPING YOUR NAME BELOW, YOU ARE CERTIFYING THAT YOU HAVE READ THIS TERMS OF USE AGREEMENT IN ITS ENTIRETY AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN.