Terms of Service

Welcome to the Macaulay Eportfolio Community.

Eportfolios@Macaulay (the Macaulay Eportfolio Community) is part of the City University of New York.

We reserve only the rights necessary to facilitate the dissemination of content and material on this Site. We support the intellectual property rights of the authors of those materials. We also support the use of open source software and the widespread dissemination and use of online materials consistent with the rights of our users and applicable law.

Members of the Macaulay Honors College community (students, alumni, faculty, and in some cases staff) may register on the Site. We will take all reasonable measures to keep information and users safe.

We hope your experience with the Macaulay Eportfolio Community will be enjoyable and productive.

The Macaulay Eportfolio Community is located at http://eportfolios.macaulay.cuny.edu and subdirectories of that address. These terms apply to all sub-sites and sub-directories of the main eportfolio site, including comments left on any site.

Terms that Govern the Use of the Macaulay Eportfolio Community.

All users are subject to and agree to the Macaulay Eportfolio Community Guidelines.

1. General Use of the Site and Agreement to these Terms.

Please read these Terms of Use carefully as they govern our mutual rights and responsibilities when you use the resources and services provided by the Macaulay Eportfolio Community (also referred to as “Eportfolios@Macaulay,” the “Site,” or “Macaulay Eportfolios” or collectively as “we” or “us” or “our”).

These Terms of Use, and our Privacy Policy (which is incorporated into these terms of use), apply to all activities and modalities on the Site, including but not limited to, Blogs, Forums, and Groups.

If you are a registered user, when you register an account, you signify that you have read, understand, and agree to these terms and conditions.

If you are a non-registered “public” user, accessing the Site signifies that you have read, understand, and agree to these terms. If you do not agree to these terms, you are not authorized to use the Site.

Unless otherwise agreed to, you are subject to these terms of use, and any additional terms that may apply. These additional terms, if any, will be available through the Site. These terms create a legal agreement between you and the Site and supersede any prior agreements between you and the Site.

By accessing this Site, you agree to comply with the CUNY Policy on Acceptable Use of Computer Resources (pdf), which includes but is not limited to, requirements that you comply with applicable laws (including, but not limited to, libel, obscenity, and child pornography), assume responsibility for your activities, agree not to harass, disrupt, abuse, or invade the privacy rights of others.

We may revise or change these terms as necessary or appropriate; the most current version will always be available for users to view on the Site.

2. Rights and Obligations Related to Content and Material.

The Site and its Contents are protected by copyright pursuant to U.S. and international copyright laws.

By posting your material on this Site, you are granting Eportfolios@Macaulay a nonexclusive, royalty free, perpetual, and worldwide license to use your content on the Site until you remove or delete it, including but not limited to, the right to copy, distribute, transmit, display, perform, reproduce, edit, translate, reformat, and/or incorporate into a collective work. Whenever possible, we will credit you as an author, and you agree to give Eportfolios@Macaulay the right to use your name for attribution purposes.

Unless you specify otherwise, all materials you submit are subject to the Terms and Conditions of the Creative Commons License 3.0 Attribution Non-Commercial Share Alike, or any successor or equivalent Creative Commons License. Click on the following hyperlink to view the Creative Commons License 3.0 (which includes a link to the full Creative Commons Legal Code) .

Under the terms of this license, RSS aggregators are permitted to copy, distribute, display, and perform any content that you syndicate using RSS.

If you want to license your work under a different Creative Commons license, you must indicate the license that applies or include your name, the word “copyright” or symbol © and the year it was first published.

For all Creative Commons licenses, see http://creativecommons.org/about/licenses/.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce or create new works from, distribute, perform, display, or in any way exploit, any of the Content on the Site (including software) in whole or in part in any manner unless it is consistent with, and authorized by, the Creative Commons License 3.0, any successor or equivalent license, or another Creative Commons license that is more restrictive.

You warrant and represent that you either own or control the rights to content you provide to the Site, or that your use of the content is a protected fair use. You agree to indemnify us and hold us harmless from any claims arising from content you provide.

3. Notification of Copyright Infringement.

The Macaulay Eportfolio Community complies with the Digital Millenium Copyright Act. If you have reason to believe that any material, content, or activity on this Site is infringing on rights owned by your or another (provided you are authorized to act on behalf of the person), please write to: Dr. Joseph Ugoretz, Associate Dean of Teaching, Learning and Technology, Macaulay Honors College CUNY, 35 W. 67th Street, New York, NY 10023. or email joseph.ugoretz@mhc.cuny.edu . If you do not include an electronic signature with your claim, we may ask you to submit a signed paper copy. Your notification of infringement must include:

1. The identity of the copyrighted work, or, if multiple works at the same location, a representative list of the works.
2. The identity of the material you claim is infringing or is the subject of infringing activity. Please include specific information, such as the URL, that will enable us to find the material.
3. Contact information for the claimant, such as email address, telephone number, or mailing address.
4. A statement that you believe that the use of the material has not been authorized by the copyright owner or an authorized agent.
5. A statement that the information in the notification is accurate and that you are, or are authorized to act on behalf of, the copyright owner.

If you “materially misrepresent” that material is infringing on a copyright you own (or for which you are acting on behalf of the owner), for example the use of the material is protected by the fair use doctrine, you may be responsible for damages, including attorney’s fees and expenses. If you have any question about whether material on this Site is infringing on a copyright, we strongly recommend that you consult an attorney.

4. Termination.

These terms and conditions will continue to apply until terminated by either you or the Macaulay Eportfolio Community.

Eportfolios@Macaulay may at any time terminate its legal agreement with you if you have breached any provision of the terms, we are required to do so by law, or we no longer maintain the Site and are terminating the service.

5. Governing Law.

You agree that if the Macaulay Eportfolio Community does not exercise or enforce any legal right or remedy that is contained in these terms and conditions (or for which we are entitled under any applicable law), this will not be taken to be a formal waiver of these rights and remedies.

These terms and conditions, and your relationship with Eportfolios@Macaulay, shall be governed by the rules, regulations, and policies of the City University of New York, and the laws of the State of New York without regard to its conflict of laws provisions. You and Eportfolios@Macaulay agree to submit to the exclusive jurisdiction of the courts located within the state of New York to resolve any legal matter arising from these terms and conditions. However, you agree that Eportfolios@Macaulay shall still be allowed to apply for injunctive remedies (or any equivalent type of urgent legal relief) in any jurisdiction.

6. Children Under 13.

You are not permitted to provide any information intended for children under the age of 13 without the express written permission of Eportfolios@Macaulay. You are also not permitted to collect personal information from children under the age of 13.

7. Trademark Rights.

The City University of New York and Eportfolios@Macaulay retain all applicable trademark rights. Except for attribution purposes under our Creative Commons license, you may not use any CUNY names or logos without prior consent. You may not use any CUNY names or logos for promotional or any other purposes in ways that suggest a connection to, or endorsement by, CUNY.

8. No Warranties and Disclaimer of Liability.

Eportfolios@Macaulay disclaims and makes no warranties regarding the content, operation, or administration of the Site to the extent we are permitted by law. Eportfolios@Macaulay will not be liable for any damages arising from your use of the Site, and you expressly agree to assume all risks when using the Site.

9. Right to Remove Content and Discontinue Service.

The Macaulay Eportfolio Community reserves the right to remove content at any time that is found to be in violation of University or Eportfolios@Macaulay policy, or applicable federal or state statutes, or common laws.

The Macaulay Eportfolio Community also reserves the right to modify, suspend or discontinue the Site with or without notice at any time and without any liability to users.

10. Terms of Use License.

This Terms of Use document is licensed under a

Creative Commons Attribution-ShareAlike 3.0 Unported License.

Last updated: November 21, 2011