Privacy Policy / Terms of Use
Welcome to the Waynflete website (“Website”). It is important for all users to understand our information gathering and dissemination practices. By using or accessing the Website, you are accepting the practices described in this Privacy Policy.
Information Gathering
We may use your Internet Protocol (“IP”) address to administer the Website by tracking Website and web page traffic, and by analyzing statistics relating to visitors’ IP addresses. In some cases we may link IP addresses to personally identifiable information, and may share that information with your school (“School”) or third parties for the purposes of enforcement of our Terms of Use, School’s Terms of Use and law enforcement. We may also share such information with third party service providers (“Partners”) who operate websites or other systems in conjunction with the Website (“Partner Systems,” which are included under the term “Website”) that you choose to access or otherwise patronize.
The Website may also use “cookies”, which are text packets sent by a server to a user’s web browser and then sent back unchanged by the user’s browser each time it accesses that server. Cookies are used for authenticating, tracking and maintaining specific information about users, such as site preferences. No personally identifiable information is exchanged via cookies. We may use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to the Website. You can remove or block this cookie using the settings in your browser if you want to disable this feature.
If you register or input personally identifiable information to the Website, you will not be anonymous to us. Waynflete, School and Partners may request your e-mail address or mailing address on some of the forms contained on the Website in order to communicate with you, and your provision of such information constitutes your agreement to allow Waynflete, School and Partners to contact you. We may also monitor and aggregate data regarding search terms entered into the Website.
When you use the Website, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, download files and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
If you post user content to the Website, such as, profiles, messages, notes, text, information, images, photos, listings and other content that you upload, publish or display through the Website, or transmit to or share with other users, you do so at your own risk. Waynflete cannot control the actions of other users, so we do not guarantee that your user content will not be viewed by unauthorized users. You agree that Waynflete shall not be responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of your user content may remain viewable in cached and archived pages, or if other users have copied or stored your user content. Any improper collection or misuse of information provided on the Website is a violation of the Waynflete Terms of Service, and should be reported to webmaster@waynflete.org.
By using the Website, you are consenting to have your personal data transferred to and processed in the United States.
Children Under 13
If you are under 13 years of age, you are required to have your parent or guardian register or input personally identifiable information on your behalf. Waynflete will not contact children under age 13 for marketing purposes without your parent’s permission. Waynflete will not, as a condition of use of the Website, ask a child under age 13 for more personally identifiable information than is reasonably necessary to use the Website. You agree that Waynflete shall not be responsible for the actions or inactions of School or any Partner.
Information Sharing and Disclosure
Waynflete does not rent, sell or share personally identifiable information about users with other people or non-affiliated entities, except to provide our services, or under the following circumstances:
We will provide personally identifiable information to School for the purpose administering and hosting the Website and/or communicating with you. The School may or may not share this information with other third parties, depending on its own privacy policy. You agree that Waynflete shall have no liability with regard to the School’s use or dissemination of such information.
We may provide personally identifiable information to Partners for the purpose administering and hosting Partner Systems and/or communicating with you. If you use a Partner System, the Partner may or may not share this information with other third parties, depending on its own privacy policy. You agree that Waynflete shall have no liability with regard to any Partner’s use or dissemination of such shared information.
We will provide personally identifiable information in response to subpoenas, court orders, or legal process, or to exercise our legal rights or defend legal claims.
We will provide personally identifiable information when Waynflete, School or any Partner believes it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of any Waynflete, School or Partner Terms of Use, violation of School’s code of conduct, or as otherwise required by law.
We will transfer information about you, if School is acquired by or merged with another school or entity. Refer to your School’s privacy policy before and after any such acquisition or merger.
Security
Waynflete maintains physical, electronic and procedural safeguards to protect your personally identifiable information. We use commercially reasonable tools and techniques to protect against unauthorized access to the Website. You agree that Waynflete shall not be liable for School’s or any Partner’s security safeguards.
Links
This Privacy Policy does not apply to the practices of websites that may be linked through the Website, for which the user agrees that Waynflete shall have no liability. Users are encouraged to read linked websites’ privacy policies.
Terms of Use, Notices and Revisions
Your use of the Website, and any disputes arising from it, is subject to this Privacy Policy and our Terms of Use. Waynflete may revise this Privacy Policy at any time. Users are encouraged to read this Privacy Policy on a frequent basis.
Contact
If you have questions or suggestions regarding this Privacy Policy or the Website, please contact us at:
Waynflete School
360 Spring Street
Portland, ME 04102
Welcome to the Waynflete website (“Website”), which connects you with your school (“School”) community. By accessing or using the Website, you signify that you have read, understand and agree to be bound by these Terms of Use, regardless whether you are a registered member. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. Your continued use of the Website after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Website. It is your responsibility to regularly check the Website to determine whether there have been changes to these Terms of Use, and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Limited License; Proprietary Rights in Website Content
The Website may be accessed only by authorized School administrators, faculty, staff and students. The Website may also be accessed parents 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 (the “Website Content”), are the property of Waynflete 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 Waynfletel’s prior written permission.
Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Website Content, and to download or print a copy of any portion of the Website Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Website Content on any Internet, Intranet or Extranet site, or incorporate the information in any other database or compilation, and any other use of the Website Content is strictly prohibited. This license does not include your use of any data mining, robots or similar data gathering or extraction methods, which are strictly prohibited. Any use of the Website Content other than as specifically authorized herein, without the prior written permission of Waynflete, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Waynflete at any time without notice, and with or without cause.
Trademarks
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).
User Conduct
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 Waynflete 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 Waynflete, 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 Waynfletel or 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 Waynflete, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Waynflete or its customers or users to any harm or liability of any type.
- Without limiting any of the foregoing, you also agree to abide by all 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 Waynflete or 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 Waynflete or the School violates this Agreement or any 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 Waynflete or 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 Waynflete and 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.
Copyright Complaints
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 “webmaster@ Waynflete.org” and by FAX at 207-772-4782:
Notice of Claimed Infringement
Date: __________________________
Waynflete School
360 Spring Street
Portland, ME 04102
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:
Company:
Address:
City, State, and Zip:
E-mail address:
Telephone:
Fax:
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, Waynflete has adopted a policy of terminating, in appropriate circumstances and at Waynflete’s sole discretion, access by users who are deemed to be repeat infringers. Waynflete 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, Partner Systems and Content
The Website contains links, or you may be sent through the Website, to other websites (“Third Party Websites”) or third party service providers (“Partners”) who operate websites or other systems in conjunction with the Website (“Partner Systems”), 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, Partner Systems or Third Party Content for accuracy, appropriateness, completeness, offensiveness, opinions, reliability, privacy practices or other policies. As such, you agree that Waynflete shall not be responsible for any Third Party Websites, Partner Systems or Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website, Partner System or any Third Party Content does not imply approval or endorsement thereof by Waynflete. If you decide to leave the Website and access any Third Party Website or Partner System, 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.
Privacy
We care about the privacy of our users, and recommend that you read our Privacy Policy. By using the Website, you are consenting to have your personal data transferred to and processed in accordance with our Privacy Policy.
Disclaimers
Waynflete is not responsible or liable in any manner for any User Content, Third Party Websites, Partner Systems 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, Partner Systems or Third Party Content. Waynflete 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. Waynflete 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. Waynflete 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 Waynflete 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, Partner Systems 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 WAYNFLETE 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. WAYNFLETE DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. WAYNFLETE 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.
Waynflete 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 Waynflete.
Limitation of Liability
IN NO EVENT WILL WAYNFLETE 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 WAYNFLETE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE WAYNFLETE’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 WAYNFLETE FOR USE OF THE WEBSITE, BUT IN NO CASE WILL WAYNFLETE’S LIABILITY TO YOU EXCEED US$100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO WAYNFLETE 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 WAYNFLETE, 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
By visiting or using the Website, you agree that the laws of the State of Maine, without regard to principles of conflict of laws, will govern these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and Waynflete or any of our affiliates. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Maine, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Maine.
Indemnity
You agree to indemnify and hold Waynflete and its affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Website, your use of the Website, your conduct in connection with the Website or with other users of the Website, and/or any violation of these Terms of Use or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“Submissions”), provided by you to Waynflete are non-confidential and shall become the sole property of Waynflete. Waynflete 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.
General
These Terms of Use and our Privacy Policy constitute the entire agreement regarding the use of the Website, superseding any prior agreements relating to your use of the Website. The failure of any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision herein is held invalid, the remainder of these Terms of Use shall continue in full force and effect, which shall remain valid and enforceable.
