Terms of Service

  1. GENERAL RULES AND DEFINITIONS

1.1 By using The Emancipator (the “Site,” “we,” or “us”), the Site’s applications, or any of the features of the Site, including but not limited to RSS, API, software and other downloads (collectively, “the Services”), you are agreeing to comply with the following Terms of Service and Privacy Policy.

1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.

1.3 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

  1. CONTENT ON THE SERVICES

2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Boston University, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

2.2 The Services and Content are protected by copyright pursuant to U.S. and international copyright laws. Unless otherwise authorized by law, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.

2.3 You may download or copy the Content and other downloadable items displayed on the Services for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from the Site or the copyright holder identified in the copyright notice contained in the Content.

  1. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

We may include links to other websites, resources, or sponsors. We are not responsible for the availability of these outside resources, or their contents. Please direct any concerns regarding any external link to that site administrator.

  1. REPRESENTATIONS AND WARRANTIES

4.1 THE SERVICES ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

4.2 You hereby indemnify, defend and hold harmless the Site, Boston University and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

  1. COMMUNICATIONS

5.1 In the event you provide your email to us, we may e-mail you for the purpose of informing you of changes or additions to the Services. In addition, we may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form. For more information on how we collect and store your information, please read our Privacy Policy.

5.2 We reserve the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information.

  1. SOFTWARE LICENSES

You shall have no rights to any proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign or transfer any licenses granted by the Site, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.

  1. MISCELLANEOUS

7.1 These Terms of Service shall be construed and enforced in accordance with Massachusetts law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Boston.

7.2 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in our Privacy Policy.

7.3 Correspondence should be sent to info@theemancipator.org.

7.4 You agree to report any violations of the Terms of Service to us as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in the Services, please notify info@theemancipator.org (You may use this e-mail address for general questions as well.)

7.5 If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide us with all of the following information:

physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
description of the copyrighted work that you claim has been infringed;
description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This Notice should be sent to:

By Mail:
Boston University
Office of the General Counsel
125 Bay State Road
Boston, MA 02115

Privacy Policy

This Privacy Policy applies to The Emancipator and its digital applications (collectively, “The Emancipator,” “we,” or the “Site”). The Emancipator is a digital media publication housed within Boston University’s Center for Antiracist Research.

The Emancipator respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, process, maintain, and share your personal information, as well as your choices regarding the use, access, and correction of your personal information.

WHAT IS PERSONAL INFORMATION?
“Personal information” is information that can be used to identify you, directly or indirectly, alone or together with other information. Personal information may include, but is not limited to, your name, physical addresses, telephone numbers, e-mail addresses, company affiliations, and associated interests. Personal information does not include anonymous data, such as where the identity of an individual cannot ever be linked to the data. “Aggregated data,” such as statistical or demographic data, may be derived from your personal information, but does not reveal your identity.

HOW DO WE COLLECT AND USE PERSONAL INFORMATION?
We may request and collect personal information from you to provide you with additional information, such as when you sign up for a mailing list or to participate in an event. We also use functional cookies and technologies to help us improve our reader experience. We may also collect and receive your personal information from you, third parties, and online or offline public resources. Additionally, we may combine your Personal information from multiple sources.

We use your Personal information in different situations, including:

▪ Inquiry/Request Response. We may collect your personal information when you contact us for information or technical support in order to respond and provide the appropriate assistance and response.

▪ Events. We may collect or receive your personal information when you register for or attend an event hosted or sponsored by us. If the event is in partnership with a third party, we may share your personal information with that party, so they can, for example, maintain an attendance list, or contact you with event details. We will not share your information with them for their marketing purposes without your consent, which may be obtained at the time of your registration or through a supplemental privacy notice. You do not have to consent to sharing your information in order to attend.

▪ Monitor Digital Properties Usage, Trends, and Experience. When you interact with the Site, we may automatically collect, or facilitate the collection of, personal information on your interactions with us and about your equipment. For example, we may collect personal information by using first and third party cookies, Flash cookies, HTML5 local storage, server logs, web beacons, clear gifs, and other similar technologies. We use these automated technologies to collect personal information because some are strictly necessary for the core functionality of our Site, including performance analytics, personalization, and online security.

▪ Mobile Device Location Data. If you use our mobile applications and permit certain precise location settings and permissions, you consent to providing us with access to your precise geolocation information. You may withdraw this consent at any time by turning off those same settings and permissions, but information collected before such withdrawal remains lawful to process.
▪ Consent. If we otherwise notify you and you consent to the sharing.

WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?
Except as set out in this Privacy Policy or as required by law, we do not sell, license, rent, or swap your personal information without your permission.

CHILDREN’S ONLINE PRIVACY PROTECTION
In accordance with the Children’s Online Privacy Protection Act we do not knowingly collect or store any personal information for children under the age of 13. If you are under 13, please do not provide us any personally identifying information.

THIRD PARTY LINKS AND APPLICATIONS
We may include links to third party websites, platforms, plug-ins, and applications. We do not control these third party websites, platforms, and applications and are not responsible for their privacy policies. We encourage you to read the privacy notice of every website you visit or application you use.

INTERNATIONAL TRANSFERS (EU/EEA, UK, AND OTHER APPLICABLE JURISDICTIONS)
The Emancipator is based in the United States. By providing us with your personal information you acknowledge and accept that you may be transferring information out of your jurisdiction. If you do not wish for certain personal information to be so transferred, please do not provide your personal information to us and/or take such steps described herein to prevent the collection of your personal information.

DATA INTEGRITY AND SECURITY
We have put in place commercially appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed, and to maintain its accuracy and integrity. While no security is impenetrable, we implement and maintain commercially appropriate technical, physical, administrative, and organizational measures to ensure a level of security appropriate to the risk for our use of the personal information, taking into account the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing. We have put in place procedures to deal with any suspected personal information breach and will notify you and/or any applicable regulator of a breach where we are legally required to do so.

MINIMIZATION, RETENTION, AND DELETION OF PERSONAL INFORMATION
We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for and for the purposes of satisfying any legal (including but not limited to enforcement of agreements or resolving disputes) or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances, we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

EU/EEA AND UK SPECIFIC CLAUSES

Lawful Basis for Processing (EU/EEA; UK)
Regardless of your jurisdiction, we will only use your personal information when the law allows us to. That said, if you are a resident of the EU/EEA or the United Kingdom, our lawful basis for collecting and using your personal information will depend on the personal information concerned and the specific context in which we collect it. Generally, we will not collect or access any personal information other than in the manner described above.
What we mean by legitimate interests is the interest of our business in conducting and managing our Site to enable us to give you the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

Note that we may process your personal information for more than one lawful ground depending on the specific purpose for which we are using your information. If you would like to get more information on how we balance legitimate interests or the specific legal ground we are relying on, please contact us.

Your Data Subject Rights (EU/EEA and UK)
Under certain circumstances, you have rights under applicable data protection laws with respect to personal information we knowingly collected.

We will try to comply with any of these requests pertaining to your personal information in accordance with applicable law. As a security measure, we may need to verify your identity before acting on your request. We may also contact you to ask you for further information in relation to your request to speed up our response. Please recognize that in certain circumstances we may be unable to provide the access or information sought, or correction or deletion requested. This may be because a request would require us to release commercial confidential information, disclose personal information relating to another person that is not the requestor, or would result in impracticability, excessive redundancy, and/or an undue burden or expense to The Emancipator.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if it is clear that your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

ACCEPTANCE AND CHANGES TO THIS POLICY
By using this Site or submitting any of your personal information to us (or both), you agree to the terms of this Privacy Policy. This Privacy Policy may be amended from time to time, consistent with the applicable data protection and privacy laws and principles. The most current version of the policy will be posted on The Emancipator.

WHO SHOULD YOU CONTACT IF YOU HAVE QUESTIONS OR WOULD LIKE TO UNSUBSCRIBE?
If you have any questions or concerns about this Privacy Policy, are seeking to exercise any of your statutory rights, or would like to unsubscribe from a newsletter, please contact the data privacy manager at info@theemancipator.org.