TERMS OF USE

WERS Terms of Use

Welcome to the website of WERS 88.9 FM (“WERS”), the student radio station of and broadcasting from the campus of Emerson College in Boston, Massachusetts. WERS is operated and managed by Emerson College.

Please read the following terms and conditions of use (the “Terms”) carefully before using this website. These Terms govern your use of WERS.ORG (the “Site”) and is binding between you and WERS 88.9 FM. These Terms also apply to WERS content which may be found on many social media platforms such as Facebook an Twitter or via RSS feed (collectively this Site and these other platforms are the “WERS Platforms”).

We may modify, add to, or delete portions of these Terms at any time by posting updated Terms and any modifications, additions, or deletions to these Terms will become effective immediately upon posting, although any changes will only take effect prospectively, from the date of the change. You agree that your continued use of the WERS Platforms following the posting of updated Terms indicates your consent to those changes.

Please note that these Terms do not apply to any other website operated by or under the authority of Emerson College but only to the WERS Platforms.

1. Purpose of This Site and the WERS Platforms

The WERS Platforms are made available to you solely for informational, entertainment, and noncommercial use. You may not use any content from the WERS Platforms for any commercial purpose. The Site also streams the live broadcast of the WERS 88.9 FM and you may access previously aired programming as well. All of this content is made available subject to the limitations set forth in these Terms.

2. Our Copyrights

The WERS Platform including both the editorial content and the code used in programming the WERS Platforms are protected by U.S. and international copyright laws. You are granted a limited license to access this content solely for your entertainment, informational, or listening pleasure. You may not use this information for competitive purposes or to otherwise mine data about our products and services or our listeners or others that access the WERS Platforms. Except as explicitly provided in these Terms, you may not reproduce, distribute, transmit, display, prepare derivative works, perform, or use in any other way that is prohibited by copyright law without consent of the copyright holder, any copyrighted material found on the WERS Platforms. You may copy and print content for your personal, noncommercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. To request permission from WERS, please email such requests to info@wers.org.

3. Our Trademarks

The Emerson College name, the “e” logo, the WERS name and the names of our programs, and our logos are trademarks or service marks of Emerson College. Emerson College reserves all rights to these marks. You may not use any of the Emerson College or WERS marks, logos, or graphics without the prior written consent of Emerson College. All other trademarks and service marks appearing on the WERS Platforms are the property of their respective owners, and should be used only with prior written consent from the appropriate owner.

4. Third Party Content

The WERS Platforms contain links to sites and services, and use embedded tools provided and controlled by third parties and governed by the terms of service of those third parties. Emerson College is not responsible in any way for third party sites, services, or products that may be linked to, embedded in, featured on, or otherwise used via the WERS Platforms or for any products or services that may be advertised by third parties thereon. Emerson College does not endorse the content, operators, products, or services of these providers, and users should review these providers’ own terms of service for more information.

5. RSS Feeds

The RSS feeds available through the WERS Platforms are covered by these Terms. You may use these RSS feeds free of charge for your personal, noncommercial use only. When using these feeds, you must link and provide attribution to WERS, either in text, by otherwise identifying WERS 88.9 FM by name or with an image, using the logo that we have included in the feed itself. We may disable, change, or stop distributing these feeds at any time, and we may require users to cease any and all use of these feeds at any time for any reason. To request permission to make any use of the WERS RSS feeds not mentioned here, please contact info@wers.org.

6. General Rules

The individual social media sites that collectively comprise the WERS Platforms are each governed by their own terms of use. For instance, if you access the Emerson College Facebook page, your use of that page is governed primarily by the Facebook terms of use. However, by using the WERS Platforms, including by registering for any of the uses available thereon, participating in comments or discussions, submitting content, using RSS feeds or downloadable content, or by using any other features of the WERS Platforms, you agree to the following rules: • The WERS Platforms may only be used for noncommercial purposes. You may not use the WERS Platforms to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services. • The WERS Platforms are intended for users over the age of 13. • Emerson College may delete, edit, or move any user-generated material that we believe may be objectionable or in violation of these Terms or for any other reason in our sole discretion. Emerson College may limit or terminate users’ access to the WERS Platforms for any reason, including violation of these Terms.

Discussion/Commenting Guidelines

If you participate in any discussions or leave comments on the WERS Platforms you agree to the following additional rules.

Be civil and please respond insightfully and respectfully. There is room for disagreement, but personal attacks will not be tolerated.
Please stay on topic. If you have general questions or concerns about or with WERS, please use our contact page.
Please keep your comments short and limit posts to no more than 300 words. If you have to scroll to read your comment, it’s probably too long.
Please review your comments. Good grammar, spelling, and punctuation make it easier for everyone to understand your ideas.
You may link to or quote from relevant articles, but do not copy and paste entire or large portions of articles.
WERS welcomes your thoughts, but may remove or edit comments in our discretion, including for excessive length. All Submissions and Uploads
Submissions must be civil and respectful. Hateful, harassing, or discriminatory language will not be tolerated on the digital platforms. Emerson College may delete any content that contains foul language, or may be otherwise inappropriate, without warning. In the case of repeated offenses, Emerson College may terminate your posting privileges.
You may only post, upload or transmit materials for which you own the copyright or have permission to distribute electronically. This includes newspaper or magazine articles, song lyrics, audio, video, photos, and images. You may not violate, plagiarize, or infringe the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral, or proprietary rights.
By posting, uploading, or transmitting any material on or through the WERS Platforms, you hereby grant Emerson College a non-exclusive, irrevocable, sublicensable, perpetual, royalty-free, worldwide license to use that material in any form or media now known or hereinafter developed. Our rights to material you post or transmit on the WERS Platforms include the right to use such content in advertising or promotions without any payment of any kind to you.
You may not link to, post, upload, or transmit any software or other material which contains a virus or other harmful or malicious code. You may not use the WERS Platforms to distribute chain letters, mass mailings, or spam or to gather e-mail addresses for the purpose of sending spam to other users of the WERS Platforms.
Emerson College is not responsible or liable for any materials posted, uploaded, or transmitted by users on or through the digital platforms. Emerson College cannot verify the accuracy of statements that users make on or through the digital platforms, and does not guarantee that any material has been posted, uploaded, or transmitted with the permission of the owner or is otherwise in compliance with these Terms. For copyright infringement concerns, please refer to the “Copyright Agent” section of these Terms of Use.

7. Non-proprietary Treatment of Information

You Provide Any communication you make with us via the WERS Platforms will be treated as non-proprietary. Emerson College is free to use any idea, concept or invention created by you and transmitted to it via the WERS Platforms notwithstanding any limiting language you may use when transmitting such information.

If you do not want us to use your idea unless we pay you a fee, or agree to other terms, do not transmit it to us via the WERS Platforms.

8. Your Representations and Warranties; Indemnity

You represent and warrant that (a) any material you post, upload, or transmit on or through the WERS Platforms does not and will not violate any of these Terms, and (b) your use of the WERS Platforms complies with these Terms. You agree that you will indemnify and hold harmless Emerson College and its directors, officers, employees, and licensees from any and all claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your wrongful use of the WERS Platforms, (3) the materials you have posted, uploaded, or transmitted on or through the WERS Platforms, or (4) Emerson College’s publication, distribution, or use of such materials.

9. Disclaimer

The WERS Platforms are available on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. Emerson College does not warrant that the WERS Platforms will be uninterrupted or error-free. Emerson College also does not make any warranties as to the results that may be obtained from use of the WERS Platforms or as to the accuracy, reliability, or content of any information, service, products, opinions, or statements available on or through the WERS Platforms or through links thereon. Use of the WERS Platforms is entirely at your own risk.

10. Limitation of Liability

In no event will Emerson College, its directors, officers, or employees be liable for any indirect, consequential, special, incidental, or punitive damages, arising out of the use or inability to use the WERS Platforms. In no event will Emerson College, its directors, officers, or employees be liable for any amount in excess of $100.

NOTE TO USERS ACCESSING THIS SITE FROM NEW JERSEY. The limitations of Section 10 do not apply.

12. Copyright Agent

If you believe that your work has been reproduced on the WERS Platforms in a way that constitutes copyright infringement, please provide the following information in writing to WERS’s Copyright Agent at the following address:

Robert Fleming
Emerson College
120 Boylston Street
Boston, Mass. 02116

Or by email at DMCA@emerson.edu

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
A description of the copyrighted work that you claim has been infringed.
A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
Your contact information, such as address, telephone number, and e-mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

13. Privacy

Emerson College takes your privacy seriously. Your use of the WERS Platforms constitutes the acceptance of this Privacy Policy https://wers.org/wers-privacy-policy/, which is incorporated by reference into these Terms of Use. Please read our Privacy Policy, which explains how we handle personal data that you send via the WERS Platforms. Please note that the hosts of the WERS Platforms such as Facebook and Twitter have their own privacy policies that may supersede this Privacy Policy if you use those platforms to share your data or information with WERS. You should also note that any third party websites linked to this Site or the other websites have their own privacy policies, which may differ from our Privacy Policy. You are responsible for reviewing the privacy policies of these sites to determine if these privacy policies are acceptable to you. We reserve the right to change our Privacy Policy without prior notice. You are responsible for periodically reviewing our Privacy Policy. Your continued use of the any of the WERS Platforms will be deemed an acceptance of our Privacy Policy in effect at the time you access the WERS Platforms.

14. Miscellaneous

These Terms supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms. These Terms are governed by and construed under the laws of the Commonwealth of Massachusetts without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms or relating to the WERS Platforms will be litigated in the state or federal courts located, and you hereby consent to personal jurisdiction and venue, in the Commonwealth of Massachusetts. A modification or waiver of a part of these Terms will not constitute a waiver or modification of any other portion of the Terms. If for any reason any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms will continue in full force and effect.