THE OPENCUNY TERMS OF PARTICIPATION

OpenCUNY.org is a digital medium established by the Doctoral Students’ Council of the CUNY Graduate Center (hereafter, DSC), established under DSC bylaw 4.3.

OpenCUNY.org Accounts
Any individual who has a gc.cuny.edu email account is able to open an OpenCUNY.org account. Accounts may be granted by the OpenCUNY Coordinators on a case-by-case basis to any other individuals or organizations.

OpenCUNY Coordinators reserve the right to immediately terminate a participant’s account or restrict their access if that participant’s activities are abusive to another participant. Spamming of any sort is not permitted and will result in immediate account termination. Illegal activities that actively involve OpenCUNY will also result in immediate account termination. When a participant’s account has been terminated or restricted, that participant has the right to appeal the decision to the OpenCUNY Board, which has the ability to reinstate any participant’s account or access with a majority vote.

Voting
Registered CUNY Graduate Center students with an active OpenCUNY.org account may vote on the OpenCUNY.org Terms of Participation and the nomination and election of OpenCUNY Board members, as defined in DSC bylaw 4.3b.

Reliability
OpenCUNY makes no guarantees in the reliability or preservation of account accessibility, emails sent or received, and files uploaded or created by online editing or compilation. However, data loss should only occur during a catastrophic hardware failure in which critical files would be restored in a timely manner from regularly scheduled backups.

Data Protection / Ownership
The account information of participants will never be shared with a third party without explicit consent. Each participant is considered the owner of their own content and account information. At any time, a participant may export the contents of any site of which they are an administrator.

Participants may permanently delete their account and any sites of which they are the sole administrator. Deleted accounts, sites, and content will not be permanently archived.

Privacy
OpenCUNY.org participants have the right to classify their site(s) according to five privacy levels: 1) visible to everyone, including search engines and archivers; 2) visible to everyone, excluding search engines and archivers; 3) visible only to OpenCUNY.org participants; 4) visible only to OpenCUNY.org participants individually granted permission and the OpenCUNY.org Coordinators; 5) visible only to the site administrator and the OpenCUNY.org Coordinators. It is the responsibility of each OpenCUNY.org site administrator to set this privacy level.

OpenCUNY.org Affiliation
OpenCUNY.org reserves the right to insert a “footer” onto every page within its domain.  This footer designates participants’ affiliation with OpenCUNY.org and the DSC and links back to these Terms of Participation.

Limitation of Liability
I. Except as required by law, OpenCUNY, its coordinators, board, or affiliates (hereafter known as “the OpenCUNY parties”) shall not be liable for the following:

A. Any damages suffered or incurred by OpenCUNY participants or any third party that arise in connection with the website or its services.  Damages include, but are not limited to:
1. incidental,
2. direct,
3. indirect,
4.  punitive,
5.  actual,
6.  consequential,
7.  special,
8.  exemplary,
9.  loss of revenue or income,
10. lost profits,
11.  pain and suffering,
12.  emotional distress,
13.  cost of substitute goods or services,
14.  any other similar damages.

II. The limitation of liability applies even if the OpenCUNY parties have been advised of such damages.
III. The OpenCUNY parties shall not be responsible or liable whatsoever in any manner for any content posted on the websites or services.  This includes, but is not limited to the following:
1. claims of infringement relating to content or services, for your use of the websites and services, or for
2. the conduct of third parties whether on the websites, in connection with the services of otherwise relating to the websites or service.

Copyright
OpenCUNY.org by OpenCUNY is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. All sites and content within OpenCUNY.org are bound by this same copyright unless otherwise specified by the content’s author.  It is the responsibility of content authors to designate a different copyright if they see fit.

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