JULIA MORGAN SCHOOL FOR GIRLS WEBSITE TERMS OF USE

Thank you for visiting the Julia Morgan School for Girls (“JMSG”) website (“Website”). These terms of use (“Terms of Use”) govern your use of our Website. By accessing or using the Website, you signify that you have read, understand, and agree to be bound by these Terms of Use, regardless of whether you are a member of our community, including a teacher, parent, guardian or enrolled student, or a visitor. Portions of our Website are restricted to the members of our community to whom we provide password and login information. These Terms of Use also describe the specific rules and limitations that govern the use of those restricted areas of the Website.

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.

I. Use of the Public Portions of our Website

We refer to the areas of our Website that do not require you to login as our public site (“Public Site”). All content on the Public Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Public Site Content”), are the property of JMSG or its licensors with all rights reserved. No Public Site 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 JMSG’s prior written permission.

We do grant search engines a limited license to read, extract, copy and create references to our Public Site and all of its content in order to allow our Website to be readily found by the public through organic searches. However, this license does not extend to a grant of permission to copy or compile our images to a cache of generic images or to otherwise use our Website content for any purpose other than allowing the accurate search and retrieval of the Website in response to user searches. This license is revocable by JMSG at any time without notice, and with or without cause.

     A. Ownership of Intellectual Property

We own or have licensed all of the intellectual property contained in the Public Site, including but not limited to all of the trademarks, logos, slogans, images, written works, and design of the Website. By using the Public Site, you agree not to use any of our trademarks or trade dress in any way that is likely to cause confusion or dilute the strength of our brand and marks. You further agree not to copy, imitate, use, or create derivative works from any of our images, text, design or other works of expression, in whole or in part. Finally, you agree that you will not seek to establish any rights in our intellectual property under your own name or that of any person or entity whom you represent. 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 JMSG at any time without notice, and with or without cause.

II. Use of the Restricted Portions of our Website

All of the policies that govern our Public Site also apply to our Restricted Site. In addition, each of the following terms specifically applies to our Restricted Site:

     A. What Is Restricted

We have created or may create two separate areas of our Website, which will together be called the restricted site (“Restricted Site”).

One portion of our Restricted Site is open to parents, guardians, teachers, students and school administrators. It includes pages that allow teachers and administrators to post general information about class schedules, class projects, trips, special events, and other general information.

A second portion of our Restricted Site is open to teachers and students and includes pages where students can communicate with one another and their teachers about homework, class discussions, and other matters.

     B. Who May Access the Restricted Site

You may only access the Restricted Site if we provide you with login and password information. In addition, your login and password information is unique to you. It may limit your access to certain portions of the Restricted Site. You may not use another person’s login information to access the Restricted Site. In the event that your password becomes publicly known, notify a Website administrator, who can reset your password so that it is private again. JMSG may require you to prove your identity before it will issue another password to you. This is for the protection of our students.

There are or may be areas of the Restricted Site that are not normally accessible to parents or guardians. Upon reasonable request, we will provide parents and guardians with access to these areas of the Website, however we prohibit parents or guardians from posting to these areas. These areas are intended to be a place for JMSG to share their own ideas and thoughts about class projects and school matters. Through our teachers and Website moderators, we monitor the content of the material that is posted, although we do not screen it before it is posted and it is possible that from time to time a student could post something that is offensive and that could be seen by other students before it is deleted by an administrator.

     C. User Conduct

Use of the Restricted Site is subject to the same code of conduct that we maintain for all JMSG students. You must be respectful, courteous, honest, and law abiding in connection with everything that you post and access at the Restricted Site. The specific requirements listed below are merely examples of the types of conduct that we either expect or prohibit, but this is not an exhaustive list. We reserve the right to suspend or permanently terminate your use of and access to the Restricted Site, and to take any other legal action that may be available to us, if your behavior warrants it.

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 JMSG against all damages, settlements, costs and expenses (including attorneys’ fees) resulting from any claims of infringement or claims of personal injury or violation of other propriety rights relating to materials submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website. You also agree that if we conclude that you are in violation of any of our Terms of Use, we may immediately terminate your access to the Restricted Site or the Website.

In addition, you agree not to use the Website to:
  • Bully, intimidate, harass, embarrass, alienate, make fun of, or otherwise harm or endanger any person; 
  • Post, share, store or otherwise make available any content that we deem to be harmful, threatening, defamatory, infringing, abusive, inflammatory, vulgar, obscene, pornographic, sexually explicit, sexually suggestive, fraudulent, invasive of privacy or publicity rights, hateful, racially objectionable, ethnically objectionable, religiously objectionable or otherwise unlawful or objectionable; 
  • Post, copy, upload, use or share any private or sensitive information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers, passwords, or private personal facts or details; 
  • 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; 
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with JMSG 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; 
  • 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; 
  • 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 JMSG or create a false identity on the Website; 
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of JMSG, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose JMSG or its users to any harm or liability of any type.
In addition, you agree that information posted on our Restricted Site is private and should never be copied and reposted on other sites, including social media sites such as Facebook, Twitter, Tumblr or other sites. This is important for the safety and security of all our students and their families.

     D. User Content Posted on the Website

You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, 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 we may, but are not obligated to, review the Website and may delete or remove without notice any Website Content or User Content in our sole discretion, for any reason or no reason, including without limitation User Content that in our sole judgment violates this Agreement or any School code of conduct. You are 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 JMSG.

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 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.

III. 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 at JMSG, 5000 Macarthur Blvd., Oakland, CA 94613.

Notice of Claimed Infringement

Date: __________________________

Website Administrator

Julia Morgan School for Girls
5000 Macarthur Blvd.
Oakland, CA 94613

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, JMSG has adopted a policy of terminating, in appropriate circumstances and at JMSG’s sole discretion, access by users who are deemed to be repeat infringers. JMSG 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 JMSG 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 JMSG. 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 are extremely concerned about the privacy of all of our users. Please read our Privacy Policy (see below) for more information about how we use information that is shared on our Website.

Disclaimers

JMSG is not responsible or liable in any manner for any User Content or third party content that may appear at a website linked at our Website. 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, or Third Party Content. JMSG 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. JMSG 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. JMSG 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 JMSG 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, 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 JMSG 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. JMSG DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE. JMSG 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.

JMSG 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 JMSG.

Limitation of Liability

IN NO EVENT WILL JMSG OR ITS BOARD OF 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 JMSG IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JMSG’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 JMSG FOR USE OF THE WEBSITE, BUT IN NO CASE WILL JMSG’S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO JMSG 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 JMSG, 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 California, 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 JMSG 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 California, 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 California.

Indemnity

You agree to indemnify and hold JMSG and its affiliates, and each of their Board of 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.

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.


JULIA MORGAN SCHOOL FOR GIRLS PRIVACY POLICY 

Welcome to the JMSG website (“Website”). The following discloses our information gathering and dissemination practices. By using or accessing the Website, you are accepting the practices described in this Privacy Policy.

Who We Are

This Website is operated by the Julia Morgan School for Girls, or JMSG. Our contact information is here:

JMSG
Website Administrator
5000 Macarthur Blvd., PMB 9966
Oakland, CA 94613

Portions of our web operations are handled by an outside vendor. Its information is here:

Blackbaud
5 East Point Drive
Bedford, NH 03110

What We Collect

In operating our Website, we collect the following information:

1) Internet Protocol addresses (“IP addresses”) from visitors who come to our Website in order to track Website and web page traffic and analyze statistics relating to our visitors’ IP addresses;
2) Aggregated information about the number of visitors to particular pages in our Website; and
3) All information that any user inputs, posts, uploads, shares or stores at our Website, including search terms entered at our Website and user generated content uploaded to our Website.

Through our school operations, we already collect and safeguard information about our students and their parents or legal guardians, including names, addresses, email addresses, phone numbers and, for our students, dates of birth, medical information and other matters. In connection with our Website, we issue login and password information to our students and to their parents or guardians, so that they can access restricted portions of our Website. When either students or parents or guardians use our Website to post or share additional information about themselves, we also have access to, and frequently archive, that information.

The Website may also use “cookies”, which are text packets sent by the 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 post user content to the Website, such as messages, notes, text, information, images, photos, video, 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. JMSG 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 JMSG 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.

Children Under 13

Many of our students are under 13 years old. If you are under 13, you are required to have your parent or guardian consent to you using our site. JMSG will not allow children under 13 years old to have a login and password to our Website without their parent's or guardian’s permission. JMSG 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 JMSG shall not be responsible for the actions or inactions of any individual or entity JMSG does not employ.

How We Use and Share the Information We Collect

We do not use our Website for any non-school purpose. We do not use banner ads or ever sell personal information of any user. We never share a student or adult’s personal information with any third parties, unless we have previously provided parents or guardians with a notification that we will do so and have given them an opportunity to opt out of this sharing of information both for themselves and their children.

The only exception is if we are required by law to provide certain information in our possession or reasonably believe we must do so in order to protect a student or her family or evaluate a serious violation of JMSG rules. 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 also provide personally identifiable information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, situations involving potential threats to the physical safety of any person, violations of our Terms of Use or school code of conduct, or as otherwise required by law.

Except where our Website indicates that information will be private, user content that is posted by either parents, guardians or students to our Website is visible by others who have access to the same restricted areas. These include JMSG faculty, administrators and staff, other parents, guardians and students. Although our Terms of Use policy requires all users to treat personal information as private and not to share it outside of the context of our Website, we cannot always control what a user with access to this information does with it. We urge all of our users to exercise good judgment in deciding what to post, and we will delete posts that could be harmful to a student or parent or guardian if we become aware of them.

No Requirement to Provide Personal Information

We will never require any student to provide more personal information than we already have on file as a result of our school record keeping.

You May Request that We Delete Personal Information; Scope of Deletion

Finally, parents or guardians may request that we delete information that we have obtained solely through our Website, and may withhold consent to their daughters having access to our Website. Requests for deletion should be directed to our Website Administrator at 5000 Macarthur Blvd., Oakland, CA 94613. Parents or guardians who have questions or concerns are urged to bring those to our attention. Our goal is to create a safe, secure space for students to interact with teachers and one another.

In deleting information obtained through our Website, we will not delete homework assignments turned in by students or other integral, school-related materials, although we will delete them from areas where they might be accessible to more than the student and JMSG.

Security

JMSG 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 JMSG shall not be liable for its or any third party vendor’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 JMSG 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. JMSG 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:

JMSG
5000 MacArthur Blvd., PMB 9966
Oakland, CA 94613