MyEmmanuel Online Alumni Community Terms of Use

Emmanuel College (“we” or “Emmanuel College”) has provided the MyEmmanuel Online Alumni Community (the “Online Community”) as a way for alumni to connect and keep in touch with one another. Use of the Online Community is governed by this Terms of Use Agreement (“Terms of Use”) and the MyEmmanuel Online Alumni Community Privacy Policy (“Privacy Policy”). Please read and review these Terms of Use and the Privacy Policy carefully before accessing or using this website. By accessing or using the Online Community, you acknowledge that you have read, understood and agreed to these Terms of Use and the Privacy Policy. If you do not agree to the Terms of Use or the Privacy Policy, you may not access or use the Online Community.

 

Online Community Guidelines:

The use of the Online Community for the following activities is strictly prohibited:

  1. Unauthorized Solicitation – using the Online Community for unauthorized commercial, political or business solicitations, including unsolicited offers (for products, employment or business opportunities) and print or electronic mass mailings.
  2. Intellectual Property Right Violations – engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party. You agree to abide by all copyright notices or other restrictions contained in any material accessed through the Online Community.
  3. Obscene, Indecent, Defamatory or Abusive Language – using the Online Community to post, send or otherwise make available, obscene, indecent, defamatory, harassing, abusive, or threatening material or language.
  4. Automated Information Collection – using any automated means (e.g. robots, spiders, scrapers, crawlers, etc.) that collect information posted to the Online Community (including users’ personal information and User Generated Content)
  5. Distributing Internet Viruses, Trojan Horses, or Other Destructive Activities – distributing or helping to distribute Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks, or any other activities that disrupt the use of or interfere with the ability of others to effectively use the Online Community.
  6. Selling, Sharing or Renting Accounts – sharing, transferring or selling an alumnus user account or allowing an alumni user account to be made available to any person or entity other than the registered alumni user.
  7. Illegal Activity – using the Online Community to violate any applicable law or regulation, including, but not limited to advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes or making fraudulent offers to sell or buy products, items, or services.

Emmanuel College reserves the right to delete any content violating these rules, and, in its sole discretion, suspend, delete or ban any user who violates these rules.

 

Content and Intellectual Property Rights

User Generated Content (including third-party websites)
Emmanuel College offers the Online Community as a way for alumni to engage in discussions, form groups, and provide information about themselves through messages, postings, forums, and other communications (collectively, “User Generated Content”). The posting user, and not Emmanuel College, is responsible for any such User Generated Content and if you have questions or comments about a particular page, image, message or document, please contact the author(s) directly.

Emmanuel College does not endorse and is not responsible for the quality, accuracy or appropriateness of any User Generated Content, and makes no representations concerning the accuracy, completeness, or timeliness of any information found on the Online Community, nor is it responsible for screening member communications or actively monitoring the use of the Online Community. For this reason, it is essential that the alumni users of the Online Community report any abuse, misuse or violation of these Terms of Use by e-mailing alumni@emmanuel.edu.

The Online Community may include links to other websites, either as a convenience or as part of User Generated Content. Emmanuel College does not control the content on such websites, and Emmanuel College does not make any express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Emmanuel College disclaims any and all liability and responsibility for such content and privacy practices found on third party websites hyperlinked from the online community.

 

Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Online Community infringes your copyright, you (or your agent) may send Emmanuel College’s Designated Agent a notice requesting that the item, information or material be removed, or access to it blocked. Emmanuel College’s Designated Agent is Shauna Delano, and her contact information is below:

Shauna Delano
Emmanuel College,
400 The Fenway,
Boston, MA 02115
617-264-7609 (phone)
617-735-9783 (fax)
dmca@emmanuel.edu(e-mail)

 

Our Intellectual Property
The Online Community contains copyrights, trademarks, and other intellectual property rights owned by Emmanuel College. Emmanuel College reserves all of its intellectual property rights in the Online Community, and these Terms of Use do not grant you any right or license with respect to any such intellectual property. You may not copy, reproduce, modify, republish, transmit or distribute any such intellectual property from the Online Community without express written permission.

 

Service Availability

Emmanuel College has no obligation to store, maintain or provide you a copy of any content that you or other alumni provide when using the Online Community, and we may modify, replace, refuse access to, suspend, or discontinue the Online Community, partially or entirely, in our sole discretion.

 

Disclaimer

DO NOT RELY ON USER GENERATED CONTENT PROVIDED IN THE ONLINE COMMUNITY, ANY INFORMATION THEREIN, OR IT’S CONTINUATION. WE PROVIDE THE PLATFORM FOR THE ONLINE COMMUNITY AND ALL RELATED INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMMANUEL COLLEGE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EMMANUEL COLLEGE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS RELATING TO THE ONLINE COMMUNITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.

IF YOU ARE DISSATISFIED OR HARMED BY THE ONLINE COMMUNIT Y OR ANYTHING RELATED TO THE ONLINE COMMUNITY, YOU MAY CLOSE YOUR ONLINE COMMUNITY ACCOUNT (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

EMMANUEL COLLEGE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (OR THE TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE ONLINE COMMUNITY TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE ONLINE COMMUNITY WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE ONLINE COMMUNITY MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.

EMMANUEL COLLEGE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO THE ONLINE COMMUNITY, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE ONLINE COMMUNITY BY OTHER USERS OF THE COMMUNITY; THEREFORE, EMMANUEL COLLEGE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.

EMMANUEL COLLEGE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. EMMANUEL COLLEGE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, EMMANUEL COLLEGE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ONLINE COMMUNITY DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

Limitation of Liability

In no event will the aggregate liability that Emmanuel College may incur in any action or proceeding exceed $100. Furthermore, under no circumstances will Emmanuel College, its suppliers or licensors, its officers, directors, employees, agents, trustees or affiliates be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims arising out of or related the Online Community and any services provided on or in connection with the Online Community (including, but not limited to, unauthorized access, damage, or theft of your data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. The limitations, exclusions and disclaimers set forth in this section will not apply only if and to the extent that the law or a court of competent jurisdiction requires liability under applicable law beyond and despite these limitations, exclusions and disclaimers. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different.

 

Indemnification

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Online Community, and (3) any activity in which you engage on or through the Online Community.

 

Governing Laws

This Terms of Use Agreement and your use of the Online Community shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts without regard to its conflicts of laws principles. Any legal action or proceeding related to the Online Community shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts.

 

Contact Information

Please contact us if you have any questions or concerns about the Terms of Use.

Emmanuel College
400 The Fenway
Boston, MA 02115
USA
617-735-9715 (phone)
617-735-9801 (fax)
alumni@emmanuel.edu (e-mail)

 

Comments on Design

The Office of Marketing Communications is responsible for the overall design and maintenance of the Emmanuel College website and the Online Community, as well as select promotional mini-sites. The Office of Marketing Communications is not responsible for the completeness, accuracy, or timeliness of information provided by departments, offices and individuals within the Emmanuel College website or the Online Community. We do, however, welcome your comments, suggestions and concerns about any Emmanuel College page or about the overall design of the Online Community. Please send your thoughts to website@emmanuel.edu.

Copyright 2014 Emmanuel College, 400 The Fenway, Boston, MA 02115, 617-975-9400