terms and conditions

TUN, Inc. ("TUN") is happy to save you money by finding you student discounts, cheap textbooks, great scholarships or anything else that can save. TUN wants you to save money every day through use of our website ("this Website"). By using this Website, you are implicitly agreeing to comply with these "Terms of Use" and accompanying "Privacy Policy."If you are not willing to agree to these Terms of Use, do not access this Website. The terms "you," "your" and "yours" refer to you, the visitor to this Website.The terms "TUN," "we," "us" and "our" refer to TUN, the host of this Website. We may periodically make changes to these Terms of Use. It is your responsibility to review the most recent version of these Terms of Use frequently and to remain informed of any changes to it. You agree that your continued use of this Website after publication of any change shall constitute your acceptance of such revised Terms of Use.

License to Use the Website

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive and non-transferable license to use thisWebsite for your personal use, and not for resale or further distribution (the "Limited License"). Your right to use thisWebsite is limited by the terms set forth in these Terms of Use. Except for the Limited License granted to you, we retain all right, title and interest in and to this Website, including all related intellectual property rights. Applicable intellectual property laws protect this Website, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you may not (and shall not permit or authorize third parties to): (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of thisWebsite; (b) rent, lease, or sublicense access to thisWebsite; or (c) circumvent or disable any security or technological features or measures of thisWebsite.

Access to the Website; Compliance with the law, Modifications to this Website:

You must be 18 years or older to use this Website. While we are happy to help you save money, we ask that you abide by the laws that relate to them. Do not buy or consume alcohol if you are not legally old enough to do so. Do not ever drink and drive. While we have no affiliation with any of the businesses that advertise on TUN.com, we remind you that you need to follow the laws of your state, even if businesses should fail to comply with their legal obligations.

You must comply with all applicable laws, including United States export control laws, when using this Website. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not (and will not permit anyone else to): (a) store, copy, modify, distribute, or resell any of the (i) information,(ii) audio, visual and audiovisual works, or (iii) other content made available on this Website ("Website Content"), or compile or collect any Website Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use this Website or store, copy, modify, distribute, or resell any Website Content; (c) rent, lease or sublicense your access to this Website to another person; (d) use this Website or Website Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Website; (f) use this Website in a manner that threatens the integrity, performance or availability of this Website; or (g) remove, alter or obscure any proprietary notices (including copyright notices) on any portion of this Website or Website Content.

Linking to This Website:

Framing of this Website as part of other websites, in-line linking or any other manner of incorporating parts of this Website as part of another website is not permitted without TUN's prior written consent.

Links and Third Party Content:

This Website may contain links to third party products, service and websites, but we exercise no control over them,do not endorse them,are not responsible for their performance, and are not in any way liable for any of their content, advertising or other materials made available as such. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of, or reliance on, any goods or services available through such third party products, services and websites.

Password-Restricted Areas of this Website:

Certain areas of this Website may be password-restricted to registered users ("Password-Protected Areas"). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and shall immediately notify TUN if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are solely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.

Submissions:

ThisWebsite allows you and other third parties to post information to it. You agree that TUN is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or postings on the Website without further compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving this Website as well as our products and services. Furthermore, by posting any content on this Website, submitting information to us, or responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, licensable, worldwide license and the right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or submitting any information, you represent and warrant that public posting and use of your Submission or information by TUN will not infringe on or violate the rights of any third party.

TUN does not control the content posted by third parties via this Website and, as such, does not guarantee the accuracy, integrity or quality of such content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on this Website are those of the respective authors or producers and not of TUN, or its shareholders, directors, officers or employees.Under no circumstances, will TUN, its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through this Website. It is your responsibility to evaluate any information, opinion, advice, statements or other available content.

Use Restrictions:

You are solely responsible for any content and other material that you submit, publish or display on this Website or transmit to other members and/or other website users. You will not use thisWebsite to: (a) upload, post, email or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material, or to invade another's privacy; (b) harm TUN or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt this Website, servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) "stalk" or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users. If you see content on this Website that violates any of these use restrictions, please contact TUN immediately.

Disclaimer of Warranties:

YOUR USE OF THIS WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THIS WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TUN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS WEBSITE AND WEBSITE CONTENT, AND ANY RELIANCE BY YOU IS CONSEQUENTLY AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THIS WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TUN OR THROUGH THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability:

TUN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TUN HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THIS WEBSITE AND ITS CONTENT. FURTHER, UNDER NO CIRCUMSTANCES WILL TUN'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF, OR RELATED TO, YOUR USE OF THIS WEBSITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), EXCEED ONE HUNDRED DOLLARS ($100), IRRESPECTIVE OF THE FORUM OF LITIGATION AND THE UNDERLYING CAUSE OF ACTION OR CLAIM, WHETHER ALLEGEDLY ARISING FROM CONTRACT, TORT, OR OTHER LEGAL THEORIES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright Infringement:

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@tun.com and provide, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on this Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) 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; and (vi) 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 the one authorized to act on the copyright owner's behalf. TUN's agent for notice of claims of copyright infringement on this site can be reached using the contact information above.

Indemnity:

You will indemnify and hold TUN, and its subsidiaries, affiliates, directors, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of thisWebsite or its Content, your violation of these Terms of Use, or your violation of any rights of a third party through use of this Website or its Content.

Updates to this Website and License Agreement:

We may occasionally update this Website and these Terms of Use. When we do, we will revise the "last updated" date, but you should check the Website and Terms of Use frequently to keep abreast of recent changes. Your continued use of this Website after such changes will be subject to the then-current terms of use. This version of the Terms of Use shall supersede all earlier versions. While thisWebsite is currently offered at no charge to users, TUN reserves the right to charge users for access to all or part of it. If TUN begins charging for access to thisWebsite, it will notify users by updating these Terms of Use, and may notify you by email to the address provided by you when registering for thisWebsite.

Legal Notices:

These Terms of Use, and enforcement thereof, are governed by New York state law, without regard to its conflicts and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of, or related to, these Terms of Use or your use of this Website will lie in the State and Federal courts located in New York, New York, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of TUN to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by TUN in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting TUN:

If you have any questions or concerns about this Website or these Terms of Use, please send us a thorough description by email to info@tun.com.

Additional Scholarship Terms

These additional scholarship terms apply to all scholarships offered by TUN where TUN is the sponsor, or where TUN is managing a scholarship for another Sponsor.

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. ALL SCHOLARSHIPS ARE AWARDED SUBJECT TO RESTRICTIONS AND CRITERIA, AND THE WINNERS' MAINTAINING ELIGIBILITY REQUIREMENTS, AS DEFINED IN THESE RULES OR ELSEWHERE ON THIS WEBSITE.

PARTICIPANT ELIGIBILITY

Scholarship contests are open to legal residents of the 50 United States and the District of Columbia, who are: (1) at least 18 years of age, and (2) currently enrolled in an accredited college or university in the United States, as listed on the U.S. Department of Education website, available at http://ope.ed.gov/accreditation/Search.aspx, and (3) have otherwise complied with the specific terms of a given scholarship. Scholarships are not paid to schools, or individuals outside the United States. Scholarship contests are governed by United States law and is subject to all applicable federal, state and local laws and regulations. Employees of TUN Inc. or the scholarship sponsor, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, judges, and members of the immediate family or household of each are not eligible. Immediate family members include parents, siblings or any person residing in the same household as employee.

CLAIMING YOUR AWARD:

The winner(s) will be notified by email and/or phone; failure to provide accurate contact information may result in disqualification and if unable to reach a winner within 72 hours, TUN may in its discretion award any scholarship to any other contestant. No guarantee of notification is made to applicants who do not win the Scholarship Contest.

The winner is required to provide TUN with the information necessary to complete any required tax filing.

SCHOLARSHIP AWARD; ODDS:

Your chances of winning the scholarship competition depend on the number of entries and the overall quality of your submission. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF SCHOLARSHIP AWARD ARE THE SOLE RESPONSIBILITY OF THE WINNER. Awards are provided WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Any prize won by an eligible minor will be awarded in the name of a parent or legal guardian. ALL SCHOLARSHIPS ARE AWARDED SUBJECT TO THE TERMS, RESTRICTIONS AND LIMITATIONS SET OUT HERE or anywhere else on this website. TUN reserves the right to change any beginning or end dates of the scholarship contests.

CONDUCT:

By registering for a scholarship contest, entrants agree to be bound by these Official Rules and the decisions of TUN and the judges that shall be final and binding in all respects. These Official Rules are accessible throughout the Contest Period. Failure to comply with these Official Rules may result in disqualification.

LIMITATIONS OF LIABILITY:

LIMITATIONS OF LIABILITY: TUN, and/or the scholarship sponsors, assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of a scholarship contest; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of a scholarship contest; (d) inaccessibility or unavailability of the Internet or any combination thereof, or; (e) any injury or damage to participant's or to any other person's computer which may be related to or resulting from any attempt to participate in a scholarship contest or download any materials in a scholarship contest.

PRIVACY:

Personal information collected through a scholarship contest is subject to TUN’s Privacy Policy. In addition, as a condition of entering the Contest, each entrant gives consent for TUN and/or the scholarship sponsors, to make his or her profile publicly available, to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this and complying with applicable laws, regulations and rules and to announce the winners online and via other media, and to use the winner's name and photograph in such announcements without restriction.

PUBLICITY RIGHTS:

By entering a scholarship contest. (except where prohibited by law), entrants hereby grant TUN and/or the scholarship sponsors, a Royalty-Free perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Entrants further consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by TUN, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval. Nothing contained in these Official Rules obligates TUN to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.

GOVERNING LAW/DISPUTES:

Any dispute related to a scholarship contest are governed by the laws of the State of New York without regard to conflicts of laws principles. Any legal action, suit, proceeding or dispute in connection with a scholarship contest will be brought and resolved exclusively in the state or federal courts of New York, New York and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits, proceedings or disputes arising out of or related to a scholarship contest. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Except where prohibited, as a condition of participating in a scholarship contest each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with a scholarship contest, the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain an award for, and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (if any), not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased.

In the event of a dispute concerning the identity of a participant, the participant will be declared to be the authorized account holder of the e-mail address provided to TUN at the time of initial participation, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in TUN's sole discretion. Potential winner may be required to provide TUN with proof that he or she is the authorized account holder of the applicable e-mail address. If a dispute cannot be resolved to TUN's satisfaction, the entry and individual or individuals may be deemed ineligible in TUN's sole discretion.

WINNER'S LIST:

To receive a copy of a winner's list for a scholarship that was offered by TUN, or managed by TUN on behalf of a sponsor, send a letter to TUN, Inc., 13 West 36th Street Attn: "Scholarship Contest Winners" and specify the month that you wish such information. All such requests must be received within 6 months of the given scholarship contest end date. Only one (1) request per outer envelope, mailed separately, will be fulfilled.

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