Limited License; Proprietary Rights in Website Content
Portions of the Website are provided for and may be accessed by the general public. Other areas of the Website require user authentication and function as community portals ("Portals"). Our Portals may be accessed only by authorized School administrators, faculty, staff, students, and alumni. Our Portals may also be accessed by parents and legal guardians of students, provided that their use is authorized under the Family Educational Right to Privacy Act (“FERPA”), 20 U.S.C. § 1232g, 34 CFR Part 99, if applicable. All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement ("Website Content”), are the property of the School or its licensors with all rights reserved. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the School’s prior written permission.
The trademarks contained within the Website are: (a) registered trademarks, service marks or trade dress of their respective owners in the United States and/or other countries; (b) may not be used in connection with any product or service in any manner that is likely to cause confusion; and (c) may not be copied, imitated, or used, in whole or in part, without the prior written permission of the owner(s).
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. You agree to indemnify the School against all damages, settlements, costs and expenses (including attorneys’ fees) resulting from any claims of infringement relating to materials submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website.
In addition, you agree not to use the Website to:
- Harvest or collect e-mail addresses or other contact information of other users from the Website by electronic or other means for any purpose;
- Use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website;
- Use automated scripts to collect information from or otherwise interact with the Website;
- Upload, post, transmit, share, store or otherwise make available any content that we deem in our sole determination to be harmful, threatening, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, sexually explicit, sexually suggestive, fraudulent, invasive of privacy or publicity rights, hateful, racially objectionable, ethnically objectionable or otherwise unlawful or objectionable;
- Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity, unless you are expressly authorized to do so;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with the School or any person or entity;
- Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, transmit, share, store or otherwise make publicly available on the Website any of your own sensitive information, including, without limitation, address, phone number, e-mail address, Social Security numbers, credit card number or sexual behavior;
- Upload, post, transmit, share, store or otherwise make publicly available on the Website any private or sensitive information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers, sexual behavior or sexual orientation;
- Solicit personal or sensitive information from anyone under eighteen (18) years of age, or solicit passwords, sensitive information or personally identifying information for commercial, objectionable or unlawful purposes;
- Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website;
- Intimidate, annoy or harass another;
- Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Use or attempt to use another’s account without authorization from the School, or create a false identity on the Website;
- Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the School, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the School or its constituents or users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by all the School codes of conduct when using the Website.
User Content Posted on the Website
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Website, or transmit to or share with other users (collectively, the “User Content”). You may not post, transmit, or share User Content on the Website that you did not create or that you do not have a license or permission to post. You understand and agree that the School may, but is not obligated to, review the Website and may delete or remove without notice any Website Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the School violates this Agreement or any the School code of conduct. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to the School.
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the School an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. We do not routinely audit posted materials for intellectual property infringement. As such, if you have a good faith belief that any posting on the Website infringes your intellectual property rights, submit the following infringement notice to us by both e-mail at “firstname.lastname@example.org” and by FAX at (617) 965-4072:
Notice of Claimed Infringement
The Fessenden School
250 Waltham Street
West Newton, Massachusetts 02465 USA
I, the undersigned, state UNDER PENALTY OF PERJURY that I am the owner, or an agent authorized to act on behalf of the owner, of certain intellectual property rights (“IP Owner”). I have a good faith belief that the following materials on your website are not authorized by the IP Owner, its agent, or the law, and therefore infringe the IP Owner’s rights. These materials consist of:
[DESCRIPTION OF ALLEGEDLY INFRINGING MATERIALS]
The information in this notice is accurate. I can be contacted at:
Name of IP Owner:
Name and title of person alleging infringement:
City, State, and Zip:
When we receive the foregoing completed notification of alleged infringement, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act (“DMCA”).
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, the School has adopted a policy of terminating, in appropriate circumstances and at the School's sole discretion, access by users who are deemed to be repeat infringers. The School may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Website contains links, or you may be sent through the Website, to other websites (“Third Party Websites”) which contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). We do not investigate, monitor or check Third Party Websites or Third Party Content for accuracy, appropriateness, completeness, offensiveness, opinions, reliability, privacy practices or other policies. As such, you agree that the School shall not be responsible for any Third Party Websites or Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by the School. If you decide to leave the Website and access any Third Party Website, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or system to which you navigate from the Website or which you use.
The School is not responsible or liable in any manner for any User Content, Third Party Websites or Third Party Content. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website, and we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content, Third Party Websites or Third Party Content. The School is not responsible for the conduct, whether online or offline, of any user of the Website.
The Website may be temporarily unavailable from time to time for maintenance or other reasons. the School assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The School is not responsible for any technical malfunction or other problems of any network, website, computer system, software, e-mail, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will the School be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website, any User Content, Third Party Websites or Third Party Content posted on or through the Website or transmitted to users, or any interactions between users of the Website, whether online or offline.
THE WEBSITE IS PROVIDED “AS-IS” AND THE SCHOOL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, USER’S PURPOSE, SYSTEM INTEGRATION, NONINFRINGEMENT, SECURITY, NONINTERFERENCE, TITLE AND/OR ACCURACY. THE SCHOOL DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. THE SCHOOL DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE, THE WEBSITE ITSELF OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE WEBSITE, ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO BLOCK, DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE WEBSITE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND FOR ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The School reserves the right to change any and all content, software and other items used in, contained in or linked through the Website at any time without notice. Reference to any products, websites, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the School.
Limitation of Liability
IN NO EVENT WILL THE SCHOOL OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, ANY APPLICATIONS OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE SCHOOL IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SCHOOL’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SCHOOL FOR USE OF THE WEBSITE, BUT IN NO CASE WILL THE SCHOOL’S LIABILITY TO YOU EXCEED US$100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE SCHOOL FOR YOUR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE SCHOOL, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to the School are non-confidential and shall become the sole property of the School. The School shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.