Your use of the Open Circle web site is limited in important ways that are described in this document, our Terms and Conditions of Use (“Agreement”). Please read this Agreement carefully. By accessing and using the Open Circle web site, you will signify your acceptance of the terms of this Agreement without modification and this Agreement will become a legally binding obligation between you and Open Circle. If you do not accept them, we do not grant you permission to use the web site.
Open Circle, which is a program of the Wellesley Centers
for Women at Wellesley College, may modify this Agreement
at any time. This Agreement as it may be modified will
be effective immediately upon its posting, so please review
this Agreement each time you access the web site. Your
continued use of the Open Circle web site constitutes your
acceptance of any modification to this Agreement in effect
at the time of your access. No modification or attempted
modification of this Agreement by you shall be binding
on Open Circle, the Wellesley Centers for Women or Wellesley
College.
Your Permission to Use the Open Circle Web Site
Subject to the terms and conditions of this Agreement,
Open Circle, a program of the Wellesley Centers for Women
at Wellesley College, grants you permission only to manually
search and view information available through the Open
Circle web site, and to download and make limited printouts
of the information you view.
Your permission is limited in a number of ways. You may
not use the information available on the Open Circle web
site for any commercial purpose. You may not redistribute,
retransmit, publish, or republish any material on or downloaded
from the Open Circle web site without written permission
from us or our licensors. Your permission to use and access
the web site will terminate immediately, without any further
action by Open Circle or the Wellesley Centers for Women
or Wellesley College, if you breach any terms or conditions
of this Agreement.
Privacy
Our Privacy Policy describes how we use information you provide when you visit the Open Circle web site. Please review it to understand our practices.
Copyright and Trademark Rights
All content included on the Open Circle web site, such as
text, graphics, logos, icons, images, data compilations
and software, is the property of Open Circle, the Wellesley
Centers for Women, Wellesley College or their licensors
and is protected by United States and international copyright
laws. The compilation of all content on the web site is
the exclusive property of Open Circle, the Wellesley Centers
for Women, Wellesley College and is protected by U.S. and
international copyright laws. All rights reserved. You may
not reproduce, retransmit, disseminate, distribute, sell,
publish, broadcast, or circulate the content on the Open
Circle’s web site without the express written consent
of Open Circle and the Wellesley Centers for Women. “The
Wellesley Centers for Women,” “Stone Center,”
“Center for Research on Women at Wellesley College,”
"Open Circle," “Wellesley College,”
"Getting to the heart of learning," and the logos
and other proprietary marks of Open Circle, the Wellesley
Centers for Women and Wellesley College or its licensors
and partners are trademarks of Open Circle, the Wellesley
Centers for Women, Wellesley College or its licensors and
partners. All rights reserved. No right, title, or interest
in those trademarks is granted to you in this Agreement.
What You Agree Not to Do
In exercising the limited rights granted to you under this Agreement, you agree not to:
1. Use the Open Circle web site to threaten, harass, stalk, abuse, or otherwise violate another’s legal rights;
2. Attempt to intercept email or other private communications not intended for you;
3. Delete or change any material posted or provided on the Open Circle web site;
4. Link to or frame any part of the Open Circle web site without the written permission of Open Circle and the Wellesley Centers for Women;
5. Change or delete any proprietary notices from materials downloaded or printed out from the Open Circle web site, or distribute, if permitted, any materials downloaded or printed out from Open Circle web site without attribution to Open Circle, the Wellesley Centers for Women or Wellesley College, as applicable;
6. Systemically download or print out materials from, or systemically upload files or data that contain a virus or corrupted data to, the Open Circle web site;
7. Disrupt the availability of the Open Circle web site to others; or
8. Use the Open Circle web site in a manner contrary to any applicable law.
Forums and Discussions
You agree that you will not upload to or distribute or otherwise publish on chat rooms, message boards, forums or news groups (“Forums”) any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You agree that you will not threaten other users of the Open Circle web site, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.” You agree that no materials of any kind submitted to any Forum through your account will violate, plagiarize or infringe upon the rights of any party, including copyright, trademark, privacy or other personal or proprietary rights.
The Forums shall be used only in a noncommercial manner.
You agree that you will not, without the prior written approval
of Open Circle or the Wellesley Centers for Women, distribute
or otherwise publish any material containing any solicitation
of funds, advertising or solicitation for goods or services.
You are solely responsible for the content of your messages. However, while Open Circle and the Wellesley Centers for Women do not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, we reserve the right to delete, move or edit messages that we, in our sole discretion, deem to violate this Agreement or copyright or trademark laws, or is otherwise unacceptable.
Notice Procedure Relating to Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Wellesley College's “designated agent.” Our designated agent’s contact information is as follows:
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Name of designated agent:
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Pattie Orr |
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Address of designated agent:
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Wellesley College |
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106 Central Street |
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Wellesley, MA 02481 |
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Telephone of designated agent:
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781-283-3353 |
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Facsimile of designated agent:
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781-283-3642 |
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Email address of designated agent:
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porr@wellesley.edu |
To be effective, notification must be a written communication and must include the information required by Title 17, United States Code, Section 412(c)(3).
This
Web Site Is Provided “AS IS”
THE OPEN CIRCLE WEB SITE IS PROVIDED “AS IS” AND
AS AVAILABLE. OPEN CIRCLE, THE WELLESLEY CENTERS FOR WOMEN,
WELLESLEY COLLEGE AND THEIR LICENSORS MAKE NO, AND HEREBY DISCLAIM
ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. OPEN CIRCLE, THE WELLESLEY
CENTERS FOR WOMEN AND WELLESLEY COLLEGE ALSO DISCLAIM ANY WARRANTY
THAT THE OPEN CIRCLE WEB SITE WILL BE AVAILABLE AT ALL TIMES
OR OPERATE ERROR-FREE.
FURTHER, OPEN CIRCLE, THE WELLESLEY CENTERS FOR WOMEN, WELLESLEY
COLLEGE AND THEIR LICENSORS MAKE NO WARRANTY AS TO THE RELIABILITY,
ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS,
OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED ON
OR THROUGH THE OPEN CIRCLE WEB SITE.
Registration and Security
If you become a registered user of
the Open Circle web site, as part of the registration process
you will select a password and be assigned a subscriber
ID. You will also have to give us certain registration information,
all of which must be accurate and updated. You may not select
or use a subscriber ID of another person with the intent
to impersonate that person, or use a subscriber ID in which
another person has rights without that person’s authorization.
You shall be responsible for maintaining the confidentiality
of your password.
You shall notify us at info@open-circle.org of
any known or suspected unauthorized use(s) of your account,
or any known or suspected breach of security, including
loss, theft or unauthorized disclosure of your password.
You Are Solely Responsible for Your Use of The Open Circle Web Site
You are responsible for all usage
or activity on your Open Circle web site account, including
use of the account by any third party authorized by you
to use your subscriber ID and password. Any fraudulent,
abusive or otherwise illegal activity involving your
account may be grounds for termination of your account,
at Open Circle’s sole discretion, and Open Circle
may refer you to appropriate law enforcement agencies.
You agree to be solely responsible for your use of the Open Circle web site and the use of your account on the web site, and agree to indemnify, defend, and hold harmless Open Circle, the Wellesley Centers for Women, Wellesley College and their partners, employees, agents, and licensors against and from any claim arising out of or related to your use of the Open Circle web site, any use of your web site account or any breach of this Agreement.
OPEN CIRCLE, THE WELLESLEY CENTERS FOR WOMEN, WELLESLEY COLLEGE AND THEIR EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH YOUR USE OF THE OPEN CIRCLE WEB SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OPEN CIRCLE, THE WELLESLEY CENTERS FOR WOMEN, WELLESLEY COLLEGE AND THEIR PARTNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEB SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF OPEN CIRCLE, THE WELLESLEY CENTERS FOR WOMEN, WELLESLEY COLLEGE AND THEIR PARTNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AND LICENSORS TO YOU EXCEED $10.00.
We
Are Not Responsible for Any Links to or from Other Sites
The Open Circle web site may include links to web sites
or web pages operated by third parties, or other web sites
or web pages may link to the Open Circle web site or to
specific pages within the web site. Open Circle, the Wellesley
Centers for Women and Wellesley College do not monitor,
filter, edit, or censor the materials or information appearing
on these other web sites or web pages. Open Circle, the
Wellesley Centers for Women and Wellesley College assume
no liability or responsibility for these other web sites
or web pages or their content. Any link to or from a third-party
web site or web page is not an endorsement of that web site
or web page by Open Circle, the Wellesley Centers for Women
or Wellesley College and does not imply any association
between Open Circle, the Wellesley Centers for Women or
Wellesley College and such third party.
This Agreement Is Governed by Massachusetts Law
You agree that this Agreement and any dispute arising out of or related to this Agreement, your use of the Open Circle web site or any use of your web site account shall be governed by the laws of The Commonwealth of Massachusetts, United States of America, without regard to any choice-of-law provision that could otherwise cause the laws of any other jurisdiction to be applied.
You Agree to Jurisdiction and Venue in Boston, Massachusetts, Within One Year
You agree that the state or federal courts located in Boston, Massachusetts, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to this Agreement, your use of the Open Circle web site or any use of your web site account. You waive any claim that a court located in Boston, Massachusetts, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum. You must bring any action you have against Open Circle, the Wellesley Centers for Women or Wellesley College within one year after the cause of action arises.
Other Miscellaneous Provisions
The
terms of this Agreement are severable to
the extent any term is deemed invalid,
illegal, or unenforceable. Open Circle's,
the Wellesley Centers for Women’s
or Wellesley College's failure to enforce
any provision of this Agreement shall not
be deemed a waiver of that or any other
provision of this Agreement.
Violations of this Agreement may result in cancellation
of your Open Circle web site account. Policy violations
will be judged solely by Open Circle, the Wellesley Centers
for Women, Wellesley College.
The terms of this Agreement constitute the entire and only
understanding between you and Open Circle, the Wellesley
Centers for Women, Wellesley College regarding the Open
Circle web site. In the event of any conflict between this
Agreement and any policy or statement regarding your use
of the Open Circle web site, or any use of your web site
account, the terms of this Agreement shall govern.
Notices sent to you by Open Circle or the Wellesley Centers for Women in connection with this Agreement may be delivered to you by electronic mail, by a general notice on the Open Circle web site, or by written communication delivered by first class U. S. mail. You may give notice to Open Circle and the Wellesley Centers for Women at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
Open Circle
Wellesley
Centers for Women—STC
Wellesley
College
106 Central Street
Wellesley, MA 02481
Those provisions of this Agreement that normally
would survive the termination of the Agreement shall survive any
termination of the Agreement.
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