Terms of Use

Community PlanIt is an online game platform to help communities plan for the future. Community PlanIt is part of an ongoing research project at Emerson College by the Engagement Game Lab. The goal of this project is to help stakeholders communicate, share information, and become involved in their communities. Another goal is to learn about the impact of games and social networks on community planning and local participation.

1. Acceptance of Terms

All use of the Community PlanIt website and related services ("Community PlanIt") is subject to the following terms of use ("Terms"), which may be changed or modified by [Emerson College/Community PlanIt] at any time. You can review the most current version of the Terms at: http://communityplanit.org/terms. By using Community PlanIt in any way, you are agreeing to comply with the then-current Terms. In addition, when using an instance of Community PlanIt with guidelines unique to that particular instance, you agree to abide by the applicable guidelines identified with that Community PlanIt, which may change from time to time. If you do not agree to be bound by the Terms or any Community PlanIt-specific guidelines, you must immediately stop using Community PlanIt.

By using these services you are participating in a research study being conducted by the Engagement Game Lab at Emerson College of how these services may facilitate community involvement. The researchers will collect data for this study by monitoring the logs of user activity for the Community PlanIt websites. These logs track only how participants use the Community PlanIt websites and the level of user activity. The researchers cannot monitor your private Internet use outside of the services we provide. The information that will be examined includes user profiles, user comments and contributions, and any content that users voluntarily contribute to Community PlanIt. Your participation is completely voluntary, and you are free to discontinue use of these services and participation in the research study at any time. If you are under 14 years of age, you must obtain your parents' or guardians' consent before using this service. If you have any questions about your participation in this research study or your rights as a research subject you may contact Elizabeth Demski of Emerson College at Human_Subjects@emerson.edu.

2. Member Activities

Community PlanIt seeks to provide an interesting, lively, courteous, and legally permissible place, and therefore you agree that you shall not:

  1. interfere with other Community PlanIt users’ ("Members") use and enjoyment of Community PlanIt (for example, by harassing, threatening or stalking another participant of a forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity);
  2. use Community PlanIt to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
  3. use Community PlanIt to advertise or sell products or services to others;
  4. post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that contains nudity or pornography, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of applicable laws;
  5. post or disclose any personally identifiable information belonging to children or displaying material that exploits children under 18 years of age;
  6. impersonate another Member or [Emerson College/Community PlanIt] staff member
  7. contact any other Member who has asked not to be contacted;
  8. "stalk" or otherwise harass any other Member;
  9. collect personal data about other users for commercial or unlawful purposes;
  10. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Community PlanIt;
  11. purposefully post Content in irrelevant categories or neighborhoods, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; and/or
  12. attempt to gain unauthorized access to Community PlanIt computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of Community PlanIt.

3. Content

Proprietary Rights
You acknowledge that Community PlanIt may contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted where applicable as a collective work under the U.S. copyright laws, and Community PlanIt owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by Emerson College/Community PlanIt or otherwise stated herein. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and provided you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentences or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Distribution/Uploading of Third-Party Content

Except as set forth above, you may upload to or otherwise distribute on Community PlanIt only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Emerson College, its affiliates, nor any of their officers, directors, employees, or agents will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from Content you provide. By submitting Content to Community PlanIt, including, without limitation, comments or forum postings, you automatically grant, or warrant that the owner of such Content has expressly granted to Emerson College/Community PlanIt the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the owner of Content placed on Community PlanIt retains any and all rights which may exist in such Content.

Third-Party Content

Neither Emerson College nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Community PlanIt represents the opinions and judgments of Members not under contract with Emerson College. Emerson College/Community PlanIt neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Community PlanIt by anyone other than authorized Emerson College employees. Under no circumstances shall Emerson College, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by your reliance on information obtained through Community PlanIt or through communications with Emerson College employees. It is your responsibility to evaluate the information, opinion, advice, or other Content available through Community PlanIt.

4. Privacy and Information Disclosure

[Emerson College/Community PlanIt] has established a Privacy Policy to explain to users how their information is collected and used, located at URL TKTK. Your use of Community PlanIt signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Emerson College may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Community PlanIt, its users or the general public.

5. No Spam Policy

You understand and agree that you shall not send unsolicited email advertisements to Community PlanIt email addresses, through Community PlanIt computer systems, or to Members. Any unauthorized use of Community PlanIt computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.).

6. Disclaimers and Limitation of Liability

ALL CONTENT, PRODUCTS, AND SERVICES ON Community PlanIt, OR OBTAINED OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE UPENN FROM ANY LIABILITY WITH RESPECT TO THE SAME.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

7. Severability

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

8. Changes to Terms of Use

Emerson College/Community PlanIt reserves the right to revise these Terms at any time and by using Community PlanIt you are deemed to be apprised of and bound by any changes to these Terms.

9. Limitations on Service

You acknowledge that [Emerson College/Community PlanIt] may establish limits concerning use of Community PlanIt, including the maximum number of days that Content will be retained by Community PlanIt, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by Community PlanIt, and the frequency with which you may access Community PlanIt. You agree that [Emerson College/Community PlanIt] has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Community PlanIt. You acknowledge that [Emerson College/Community PlanIt] reserves the right at any time to modify or discontinue Community PlanIt (or any part thereof) with or without notice, and that Emerson College shall not be liable to you or to any third party for any modification, suspension or discontinuance of Community PlanIt.

10. Termination of Service

You agree that [Emerson College/Community PlanIt], in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwiseterminate your access to or use of Community PlanIt (or any part thereof), immediately and without notice, and remove and discard any Content within Community PlanIt, for any reason, including, without limitation, if [Emerson College/Community PlanIt] believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Emerson College shall not be liable to you or any third-party for any termination of your access to Community PlanIt. Further, you agree not to attempt to use Community PlanIt after said termination. You agree that Sections 1, 4, 5, 6, 10, 11 and 12 shall survive termination of this agreement or your voluntary discontinuation of use of Community PlanIt.

11. Dealings with Organizations and Individuals

Your interactions with organizations and/or individuals found on or through Community PlanIt, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Emerson College shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Members, Members and any third party, you understand and agree that Emerson College is under no obligation to become involved. In the event that you have a dispute with one or more other Members, you hereby release Emerson College, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

12. Indemnity

You agree to indemnify and hold Emerson College, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through Community PlanIt, your use of Community PlanIt, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

13. General Information

The Terms constitute the entire agreement between you and Emerson College/Community PlanIt, superseding any prior agreements between you and Emerson College. The Terms and the relationship between you and [Emerson College/Community PlanIt] shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Massachusetts. The failure of [Emerson College/Community PlanIt] to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.