Please read these terms carefully because they apply to your use of the New Play Map (“the Website”) located at http://newplaymap.org that Emerson College operates on behalf of the field. Emerson College is a 501c3 corporation with a business office at 120 Boylston Street, c/o Office of the Arts, Boston, MA 02116, United States.
Unless otherwise agreed in writing with Emerson College, your use of the Website will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms.”
In addition, your use of the Website may also be subject to the terms of any legal notice applicable to the Website, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to the Website, these will be accessible for you to read either within, or through your use of, that Website.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Emerson College in relation to your use of the Website. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website to which the Additional Terms apply.
YOUR ACCESS OR USE OF THE WEBSITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using the Website you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of the Website. If you do not agree to the Terms, you are not authorized to use the Website.
From time to time, Emerson College may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. In that case, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we will make commercially reasonable efforts to notify you electronically. For example, we may send a message to your email address, if we have one on file, or we may display a notice on the Website indicating that the Terms have changed. All new and/or amended Terms take effect immediately; provided, however, that if deemed material by Emerson College its sole discretion, such new and/or additional material terms will be marked as such and will take effect 30 days after they are posted on the applicable Website. Notwithstanding the foregoing, (i) no modification to the Terms will apply to any dispute between you and Emerson College that arose prior to the effective date of any modification and (ii) if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Website. Your continued use of the Website after new and/or revised Terms are effective indicate that you have read, understood and agreed to those Terms.
Emerson College makes the Website available to you on the Terms. You may only use the Website in accordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Website for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on the Website.
The Website is controlled and offered by Emerson College from contracted facilities in the United States of America. Emerson College makes no representations that the Website is appropriate or available for use in other locations. If you are accessing or using the Website from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Website may contain or provide links to Content (defined in Section 8, below) hosted on websites located outside of the United States of America.
Users agree not to use the Website to:
The Websites may contain links to websites not controlled by Emerson College (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Emerson College (“Third Party Content”). You acknowledge that Emerson College is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply Creative Commons licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a Creative Commons license. You further acknowledge that Emerson College (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
Registering for an account on the Website is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.
Services offered to Registered Users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website. Emerson College reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. Emerson College disclaims any and all liability to Registered Users and third parties in the event Emerson College exercises its right to modify or discontinue user accounts or related Services.
Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the Website, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to Emerson College, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that Emerson College has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
Although Emerson College will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Emerson College or others due to such unauthorized use.
Termination; Termination and Inactivation of User Accounts. Your participation as a Registered User and use the related Services terminates automatically upon your breach of any of these Master Terms or applicable Additional Terms.
In addition, Emerson College may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Website and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as Emerson College deems appropriate in its discretion. Your access to your account, and use of the related Website may be terminated by you or by Emerson College at any time and for any reason whatsoever, without notice.
In addition, Emerson College reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by Emerson College in its complete discretion.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, EMERSON COLLEGE OFFERS THE WEBSITE AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EMERSON COLLEGE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMERSON COLLEGE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL EMERSON COLLEGE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“EMERSON COLLEGE PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE EMERSON COLLEGE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EMERSON COLLEGE PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
You agree to indemnify and hold harmless the Emerson College Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Emerson College Parties from and against any and all claims brought by third parties arising out of your use of any of the Website and the Content you make available via the Website by any means, including without limitation through a posting, a link, reference to Content, or otherwise
Emerson College is committed to handling responsibly the information and data we collect through the Website and agree to use your personal information in accordance with the Terms.
We may share personal information in two instances:
First, Emerson College may share personal information with our contractors and service providers in order to maintain, enhance, or add to the functionality of the Website.
If Emerson College is required to provide a third party with your personal information (whether by subpoena or otherwise), then provided we have collected and retained an email address for you, Emerson College will use reasonable means to notify you promptly of that event, unless prohibited by law or Emerson College is otherwise advised not to notify you on the advice of legal counsel.
These Master Terms and any Additional Terms will continue to apply until terminated by either you or Emerson College as set out below. Your right to access and use the Website terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to the Website.
Emerson College may, at any time: (a) modify, suspend or terminate the operation of or access to the Website, or any portion of the Website, for any reason; (b) modify or change the Website, or any portion of the Website, and any Master Terms, Additional Terms and other policies governing the use of the Website, for any reason; (c) interrupt the operation of the Website, or any portion of the Website, for any reason, all as Emerson College deems appropriate in its sole discretion.
Your access to, and use of, the Website may be terminated by you or by Emerson College at any time and for any reason. Emerson College will use reasonable efforts to notify you in advance about any material modification, suspension or termination by Emerson College that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
These Master Terms and any Additional Terms are governed by and construed by the laws of Massachusetts, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between Emerson College and you concerning these Master Terms, any Additional Terms, and/or any of the Websites or Services shall be brought in a federal or state court of competent jurisdiction sitting in Massachusetts, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Emerson College as a result of these Master Terms, any Additional Terms, or your use of any of the Website. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Emerson College relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by Emerson College from time to time) between you and Emerson College. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.
You agree that: (i) the Website shall be deemed solely based in Boston, MA; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Emerson College, either specific or general, in jurisdictions other than Boston, MA.
You and Emerson College agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.