EMERSON COLLEGE POLICY No. 2019-04
WELCOME TO EMERSON COLLEGE.
1. Welcome to the online presence of Emerson College (“Emerson”) with its primary campus in Boston, Massachusetts and facilities in Los Angeles, California and Well, The Netherlands.
The primary website for Emerson is Emerson.edu. Most of the offices and departments at Emerson maintain a website that incorporates the Emerson.edu domain as part of the URL. For instance, library.emerson.edu and word.emerson.edu/jsons are both authorized Emerson websites. However, some organizations at Emerson operate websites on domain names that do not include the word Emerson such as wers.org.
If you have any reason to be suspicious about whether a website is an authorized Emerson website, you should contact Emerson at web [at] emerson.edu (web[at]emerson[dot]edu). You should not use any website unless you are satisfied that the site is legitimate and have confidence that your privacy will be protected.
These terms of use (the “Terms”) apply only to those authorized Emerson websites where you can find a link to these Terms at the bottom of the home page and/or the landing page for that site (the “Emerson Sites”). If you are on an authorized Emerson website but it has a different Terms of Use posted on that site, these Terms will not apply.
Emerson also maintains a presence on several social media platforms including but not limited to Facebook, Twitter, LinkedIn, and Instagram (the “Emerson Social Media”). When the social media platform permits, we will indicate that the page or content you are viewing is an officially sanctioned Emerson Social Media presence. For purposes of this Policy when we refer to the “Emerson Platform” we are referring both to the Emerson Sites and Emerson Social Media.
We know it is sometimes difficult to identify if a social media presence is actually administered or operated by Emerson. If you are unsure if a particular social media page is in fact part of the Emerson Platform, you should not provide any personally identifiable information or financial information before you confirm it is legitimate. You may contact us by email at web [at] emerson.edu (web[at]emerson[dot]edu) for further information.
2. Emerson’s Policies and These Terms of Use
Emerson maintains many policies governing its students, faculty, administrators, employees, and other members of the Emerson community (the “Emerson Policies”). You can find the Emerson Policies at https://emerson.edu/policies. These Terms govern your use and access to the Emerson Sites (except for certain exceptions explained below) and, where applicable, to the Emerson Social Media. However, where applicable, the Emerson Policies still apply unless expressly stated otherwise in these Terms.
Please read these Terms carefully before accessing the Emerson Sites or Emerson Social Media. These Terms are binding on you. If you are a student, faculty, administrator, or employee of Emerson, your violation of these Terms is no different than violating an Emerson Policy and may be grounds for disciplinary actions. These disciplinary actions may include expulsion, termination of your employment or any other discipline sanctioned under the Emerson Policies, including and subject to applicable collective bargaining agreements.
A. Emerson Sites Not Governed by These Terms.
These Terms apply only and exclusively to those websites where a link to these Terms can be found at the bottom of the home page and/or the landing page of that website. Some Emerson Sites have special terms and policies which are explained in their terms of use. For instance, the Radio Station WERS maintains its website at wers.org and has its own separate terms of use and privacy policy. The easiest way to check which policy governs a particular website is to check the link typically available at the footer or bottom of the home page of that website.
B. Social Media.
Social media sites such as Facebook, Twitter,Instagram, and YouTube have their own policies governing the use of their sites including the pages or accounts managed by third parties such as Emerson. These Terms should be read in connection with the policies of these social media sites. In the event of any conflict between these Terms and the terms of use of any social media site, the terms of the social media site will govern unless expressly stated otherwise in these Terms. Note that YouTube’s terms of service can be found at https://www.youtube.com/t/terms. Emerson is a user of YouTube API Services. Emerson is not responsible or liable for any materials posted, uploaded, or transmitted by users on or through social media sites. Emerson College cannot verify the accuracy of statements that users make on or through social media sites, and does not guarantee that any material has been posted, uploaded, or transmitted with the permission of the owner or is otherwise in compliance with these Terms. For copyright infringement concerns, please refer to the “Copyright Agent” section of these Terms of Use.
C. Emerson’s Right to Change These Terms Without Notice.
Unlike many of the Emerson Policies that may only be changed by formalized procedures, these Terms may be changed, modified, or cancelled without notice at any time in Emerson’s sole discretion by simply posting any modifications, additions, or deletions to these Terms on the Emerson Sites. These changes will become effective immediately upon posting, although any changes will only take effect prospectively, from the date of the change. You agree that your continued use of the Emerson Sites following the posting of updated Terms indicates your consent to those changes.
3. The Purpose of the Emerson Platform.
The Emerson Platform is made available to you in order to provide you with information about Emerson and to provide you access to various services offered by Emerson to interested parties including but not limited to admissions, financial aid, payment of fees and tuition, student housing, class selection, course management, extracurricular activities, alumni activities, and career placement. Some Emerson Sites offer information and services for the benefit of the public.
4. Your License to Use the Emerson Platform.
You are granted a limited license to access the Emerson Platform for the purpose of accessing the information contained thereon and, where applicable, to take advantage of the specific services offered on that Emerson Site or Emerson Social Media page.
You are expressly prohibited from accessing the Emerson Platform for any other purpose including but not limited to using the Emerson Platform for any commercial purpose or in order to collect data about any members of the Emerson community or any other use that is otherwise prohibited by the Emerson Policies. This includes framing any content within a third-party website or scraping data from the Emerson Platform for any purpose.
You are expressly prohibited from using the Emerson Platform to harass, bully, or cause emotional or physical harm to any third party or to yourself.
All of the content made available on the Emerson Platform is made available subject to these Terms and to the Emerson Policies.
A. Children’s Online Privacy Protection Act.
The Emerson Sites are not intended for use of anyone under the age of 13. If you are under the age of 13 please exit this Site immediately.
5. Intellectual Property.
A. Generally.
A. Generally. The Emerson Policies include several policies that address intellectual property issues including, but not limited to, the Copyright Policy, https://emerson.edu/policies/copyright, the Copyright Infringement Policy, https://emerson.edu/policies/copyright-infringement, the Copyright Infringement Notification Policy, https://emerson.edu/policies/copyright-infringement-notification, the Brand Policy, https://emerson.edu/policies/brand-policy, the Film Shooting Policy, https://emerson.edu/policies/film-shooting, the Filming in Residence Hall Policy, https://emerson.edu/policies/filming-residence-halls, the Intellectual Property Policy, https://emerson.edu/policies/intellectual-property, and the Social Media Guidelines, https://emerson.edu/policies/social-media-guidelines (collectively the “IP Policies”).
All of the IP Policies apply to your use of the Emerson Platform.
B. Content Governed by the IP Policies.
Content accessible via the Emerson Platform that is otherwise subject to any of the IP Policies shall continue to be governed by those policies as supplemented by these Terms.
C. Content Outside the Scope of the IP Policies.
With respect to content that is outside the scope of the IP Policies, unless otherwise stated on that webpage, you are hereby granted a limited license to copy and print content from the Emerson Platform for your personal, noncommercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content.
D. Our Trademarks.
Emerson owns many trademarks and service marks. You may not use any of the Emerson marks, logos, or graphics without the prior written consent of Emerson, per the Brand Policy (https://emerson.edu/policies/brand-policy). All other trademarks and service marks appearing on the Emerson Platform are the property of their respective owners, and should be used only with prior written consent from the appropriate owner. Permission requests should be directed to Emerson College’s Office of Marketing.
6. Third Party Content.
The Emerson Platform contains links to sites and services, and uses embedded tools provided and controlled by third parties and governed by the terms of service of those third parties. Emerson is not responsible in any way for third-party sites, services, or products that may be linked to, embedded in, featured on, or otherwise used via the Emerson Platform or for any products or services that may be advertised by third parties thereon. Emerson does not endorse the content, operators, products, or services of these providers, and users should review these providers’ own terms of service for more information.
7. Social Media and User Generated Content.
As noted above, the Emerson Policies include the Social Media Guidelines accessible at https://emerson.edu/policies/social-media-guidelines. These Terms address any content you post on the Emerson Platform. By using the Emerson Platform you agree to be bound by and follow these rules. Your violation of these rules may subject you to disciplinary action up to and including expulsion or termination.
A. Content You Post on the Emerson Sites.
Some of the Emerson Sites or Emerson Social Media allow you the ability to post content to those pages. Sometimes this may be in the form of a discussion board; other times it may involve other formats. You are solely responsible for the content you post and will be held accountable for any post that violates these rules and/or the rights of third parties.
Whenever you post anything on the Emerson Platform you agree to the following rules:
- You may only post, upload or transmit materials for which you own the copyright or have permission to distribute electronically. This includes newspaper or magazine articles, song lyrics, audio, video, photos, and images. You may not violate, plagiarize, or infringe the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral, or proprietary rights.
- Remember you cannot assume that merely because material is available online that it is available to copy or repost. It is your obligation to determine the legal status of any content you post on the Emerson Platform.
- If you post, upload or transmit materials that include the image of anyone other than yourself you must have that person(s)’ prior written consent. Upon request from Emerson you must be able to provide a copy of that written consent immediately.
- If you post, upload or transmit materials that include the image of any person under the age of 18, you must have the prior written consent of that minor’s parent or guardian. Upon request from Emerson you must be able to provide a copy of that written consent immediately.
- By posting, uploading, or transmitting any material on or through the Emerson Sites you hereby grant Emerson College a non-exclusive, irrevocable, sublicensable, perpetual, royalty-free, worldwide license to use that material in any form or media now known or hereinafter developed. Our rights to material you post or transmit on the Emerson Sites include the right to use such content in advertising or promotions without any payment of any kind to you.
- You may not link to, post, upload, or transmit any software or other material which contains a virus or other harmful or malicious code. You may not use the Emerson Sites to distribute chain letters, mass mailings, or spam to gather e-mail addresses for the purpose of sending spam to other users of the Emerson Sites.
- You may not make any post that harasses, bullies or causes another individual emotional or physical injury.
B. Content You Post on Emerson Social Media.
Any post you make on Emerson Social Media must comply with all of the following:
- The terms of that social media platform,
- The Emerson Social Media Guidelines accessible at https://emerson.edu/policies/social-media-guidelines,
- The rules set forth in Section A above, and
- Each of the following additional terms:
- You may not post any content that harasses, bullies, or causes another individual emotional or physical injury, and
- Submissions must be civil and respectful. Hateful or discriminatory language will not be tolerated.
We also urge members of the Emerson community to communicate directly with appropriate offices if they have a concern or an issue they feel has not been adequately addressed.
C. Emerson Disclaims any Responsibility for Content You Post on the Emerson Platform.
Emerson College is not responsible or liable for any materials posted, uploaded, or transmitted by users on or through the digital platforms. Emerson College cannot verify the accuracy of statements that users make on or through the digital platforms, and does not guarantee that any material has been posted, uploaded, or transmitted with the permission of the owner or is otherwise in compliance with these Terms. For copyright infringement concerns, please refer to the “Copyright Agent” section of these Terms of Use.
D. You May be Subject to Discipline If You Violate These Terms.
Emerson is committed to providing a safe online environment for students, faculty, staff and other users of the Emerson Platform. Persons who violate these Terms may be suspended from the Emerson Platform as well as to other discipline up to and including expulsion or termination.
8. Non-proprietary Treatment of Information You Submit Via the Emerson Platform.
You should not use the Emerson Platform to submit any proposals, business plans, joint ventures, or other ideas you think Emerson may wish to develop or any content you do not want to become public. In other words, do not communicate any content to us that you claim as a trade secret. We do not want to receive unsolicited communications of this type.
You therefore agree that any content you submit to us via the Emerson Platform is not a trade secret and may be treated by us as being in the public domain. You agree that Emerson is free to use any idea, concept or invention created by you and transmitted to it via the Emerson Platform notwithstanding any limiting language you may use when transmitting such information.
If you do not want us to use your idea unless we pay you a fee, or agree to other terms, do not transmit it to us via the Emerson Platform.
9. Creating an Account on an Emerson Site.
When you begin your studies or employment at Emerson, you will automatically be assigned a user name along with instructions on how to create a password so you can access your online account. (“Your Primary Emerson Account ID”). Your Primary Emerson Account ID can be used for many but not all of the Emerson Sites. You are responsible for the security and safety for your password for Your Primary Emerson Account ID. If you believe that your password to an Emerson Site has been compromised please contact helpdesk [at] emerson.edu (helpdesk[at]emerson[dot]edu) immediately.
Some Emerson Sites require separate registration. You agree that any information you provide to register for any Emerson Site will be accurate and current. You may not create an online account on any Emerson Site in anyone’s name but your own. If you believe your password to another Emerson Site has been compromised, you should review the terms of use for that website and contact the appropriate person immediately.
10. Purchasing Products on the Emerson Sites.
If you decide to purchase a product on an Emerson Site, your payment information will be processed by a third-party provider. We will identify this vendor at the same time we ask for payment and include a link to the provider’s terms of use and privacy policy.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT ANY VENDOR. YOU UNDERSTAND THAT PROVIDING ANY FINANCIAL DATA VIA THE INTERNET IS INHERENTLY RISKY AND THAT NO AMOUNT OF DATA SECURITY CAN GUARANTY THAT YOUR FINANCIAL INFORMATION WILL NOT BE COMPROMISED. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY PAYMENT METHOD ON AN EMERSON SITE IS AT YOUR OWN RISK.
The Site where you are purchasing the products will clearly state its return and refund policies. In the absence of any statement on a Site, all sales are final and no refunds will be issued.
11. Your Representations and Warranties/Indemnity.
You represent and warrant that (a) that you have all necessary rights to post any content you upload to an Emerson Site or on Emerson Social Media including the right to grant us a royalty free license to use that content without limitation, (b) any material you post, upload, or transmit on or through the Emerson Platforms does not and will not violate the rights of any third parties or any of these Terms including the restrictions on the use of images of minors or persons other than yourself, (c) any information you provide about yourself will be true and accurate, (d) your use of the Emerson Platform complies with these Terms.
You agree that you will indemnify and hold harmless Emerson and its directors, officers, employees, licensees, and vendors providing Emerson services with respect to the Emerson Platform from any and all claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your wrongful use of the Emerson Platform, (3) the materials you have posted, uploaded, or transmitted on or through the Emerson Platform, or (4) Emerson College’s publication, distribution, or use of such materials.
12. Disclaimer.
The Emerson Platform is available on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. Emerson does not warrant that the Emerson Platform will be uninterrupted or error-free. Emerson also does not make any warranties as to the results that may be obtained from use of the Emerson Platform or as to the accuracy, reliability, or content of any information, service, products, opinions, or statements available on or through the Emerson Platform or through links thereon.
Use of the Emerson Platform is entirely at your own risk.
13. Limitation of Liability.
In no event will Emerson, its directors, officers, or employees be liable for any indirect, consequential, special, incidental, or punitive damages, arising out of the use or inability to use the Emerson Platform. In no event will Emerson, its directors, officers, or employees be liable for any amount in excess of $100.
NOTE TO USERS WHO ARE RESIDENTS OF OR ACCESSING THIS SITE FROM NEW JERSEY. The limitations of this Section 13 do not apply.
14. Copyright Agent/Copyright Infringement
If you believe that your work has been reproduced on the Emerson Platform in a way that constitutes copyright infringement, please provide the following information in writing to Emerson’s Copyright Agent at the following address:
Cheryl McGrath
Emerson College
120 Boylston Street
Boston, Mass. 02116
Or by email at dmca [at] emerson.edu (DMCA[at]emerson[dot]edu)
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- A description of the copyrighted work that you claim has been infringed.
- A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
- Your contact information, such as address, telephone number, and e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
15. Privacy
Emerson takes your privacy seriously. Your use of the Emerson Platform constitutes the acceptance of the Emerson Privacy Policy (LINK) which is incorporated by reference into these Terms of Use. Please read our Privacy Policy, which explains how we handle personal data that we collect about you when you visit the Emerson Sites and Social Media. Please note that the hosts of the Emerson Social Media such as Facebook and Twitter have their own privacy policies that may supersede this Privacy Policy if you use those platforms to share your data or information with Emerson. You should also note that any third-party websites linked to this Site or the other websites have their own privacy policies, which may differ from our Privacy Policy. You are responsible for reviewing the privacy policies of these sites to determine if these privacy policies are acceptable to you. We reserve the right to change our Privacy Policy without prior notice. You are responsible for periodically reviewing our Privacy Policy. Your continued use of the any of the Emerson Platform will be deemed an acceptance of our Privacy Policy in effect at the time you access the Emerson Platform.
16. Miscellaneous
These Terms are governed by and construed under the laws of the Commonwealth of Massachusetts without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms or relating to the Emerson Platform will be litigated in the state or federal courts located, and you hereby consent to personal jurisdiction and venue, in the Commonwealth of Massachusetts. A modification or waiver of a part of these Terms will not constitute a waiver or modification of any other portion of the Terms. If for any reason any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms will continue in full force and effect.
Questions
If you have any questions about these Terms, please contact web [at] emerson.edu (web[at]emerson[dot]edu).
Last updated: 11-1-2019