Terms of Use

Welcome to the website of The Windmill, published by Emporia State University Honors College in Emporia, Kansas.

Please read the following terms and conditions of use (the “Terms”) carefully before using this website. These Terms govern your use of https://www.thewindmilljournal.com (the “Site”) and is binding between you and The Windmill. These Terms also apply to The Windmill content which may be found on many social media platforms such as Facebook and Twitter (collectively this Site and these other platforms are the “The Windmill 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 Windmill 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 Emporia State University but only to The Windmill Platforms.

1. Purpose of This Site and The Windmill Platforms

The Windmill Platforms are made available to you solely for informational, educational, and noncommercial use. You may not use any content from The Windmill Platforms for any commercial purpose unless you obtain our prior written consent. See Paragraph 2 for how you may obtain reprints or classroom copies. Any content you access via the Site is made available subject to the limitations set forth in these Terms.

2. Our Copyrights

The Windmill Platforms, including both the editorial content and the code used in programming of The Windmill Platforms, are protected by U.S. and international copyright laws. You are granted a limited license to access this content solely for your non-commercial use. You may not access this Site for competitive purposes or to otherwise mine data about our products and services or our subscribers or others that access The Windmill 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 Windmill Platforms.

You may obtain reprints of articles from The Windmill by following the procedures set forth here.

Any use of reprints is conditioned on the inclusion of notice on the reprint of The Windmill’s copyrights to the material and state that the reprint is used with The Windmill’s permission. You also are obliged to comply with any other limitations that maybe included with the reprints.

3. Our Trademarks

The Emporia State University name, wordmark, and affiliated logos as well as The Windmill name, and The Windmill logo, are trademarks or service marks of Emporia State University. Emporia State University reserves all rights to these marks. You may not use any of the Emporia State University or The Windmill marks, logos, or graphics without the prior written consent of Emporia State University. All other trademarks and service marks appearing on The Windmill 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 Windmill Platforms may 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. Emporia State University 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 Windmill Platforms or for any products or services that may be advertised by third parties thereon. Emporia State University 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. General Rules

The individual social media sites that collectively comprise The Windmill Platforms are each governed by their own terms of use. For instance, if you access the Emporia State University Facebook page, your use of that page is governed primarily by the Facebook terms of use. However, by using The Windmill Platforms, including by registering for any of the uses available thereon, participating in comments or discussions, submitting content, using downloadable content, or by using any other features of The Windmill Platforms, you agree to the following rules:

You may only use The Windmill Platforms for noncommercial purposes. You may not use The Windmill Platforms to distribute or otherwise publish any material containing any solicitation of funds, advertising, or solicitation for goods and services.
The Windmill Platforms are intended for users over the age of 13.
Emporia State University 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. Emporia State University may limit or terminate users’ access to The Windmill Platforms for any reason, including violation of these Terms. Please note that for purposes of this section, user generated content does not include materials formerly published by The Windmill in its journal.

6. Discussion/Commenting Guidelines

If you participate in any discussions or leave comments on The Windmill 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 The Windmill, please use our contact page.
You may link to or quote from relevant articles, but do not copy and paste entire or large portions of articles.
The Windmill welcomes your thoughts, but may remove or edit comments at our discretion, including for excessive length.
Submissions must be civil and respectful. Hateful, harassing, or discriminatory language will not be tolerated on the digital platforms. Emporia State University may delete any content that contains foul language, or may be otherwise inappropriate, without warning. In the case of repeated offenses, Emporia State University 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.
Except as noted below, by posting, uploading, or transmitting any material on or through The Windmill Platforms, you hereby grant Emporia State University 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 Windmill Platforms include the right to use such content in advertising or promotions without any payment of any kind to you. This provision does not apply to any submission made via the Site for consideration of material for publication.
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 Windmill 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 Windmill Platforms.
Emporia State University is not responsible or liable for any materials posted, uploaded, or transmitted by users on or through the digital platforms. Emporia State University 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 Via the Site

Written Submissions: You may submit materials to The Windmill via the Site. By submitting this material you are representing and warranting that you own all rights to the materials being submitted and that no third party consent or payment is necessary for The Windmill to publish the material. Specifically, you represent and warrant that any work you submit for publication is original and not copied from any third party.

Other Materials Submitted to The Windmill: Except for written submissions for publication, any communication you make with us via The Windmill Platforms will be treated as non-proprietary. Emporia State University is free to use any idea, concept, or invention created by you and transmitted to it via The Windmill 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 Windmill Platforms.

8. Your Representations and Warranties; Indemnity

You represent and warrant that any material you post, upload, or transmit on or through The Windmill Platforms (a) does not violate any intellectual property rights of any third party, (b) does not and will not violate any of these Terms, (c) your use of The Windmill Platforms complies with these Terms.

You agree that you will indemnify and hold harmless Emporia State University 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 Windmill Platforms, (3) the materials you have posted, uploaded, or transmitted on or through The Windmill Platforms, or (4) Emporia State University’s publication, distribution, or use of such materials.

9. Disclaimer

The Windmill 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. Emporia State University does not warrant that The Windmill Platforms will be uninterrupted or error-free. Emporia State University also does not make any warranties as to the results that may be obtained from use of The Windmill Platforms or as to the accuracy, reliability, or content of any information, service, products, opinions, or statements available on or through The Windmill Platforms or through links thereon. Use of The Windmill Platforms is entirely at your own risk.

10. Limitation of Liability

In no event will Emporia State University, 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 Windmill Platforms. In no event will Emporia State University, its directors, officers, or employees be liable for any monetary amount.

11. Copyright

If you believe that your work has been reproduced on The Windmill Platforms in a way that constitutes copyright infringement, please provide the following information in writing to the following address:

The Windmill
Emporia State University
Box 4045
1 Kellogg Cir
Emporia, KS 66801

Or by email at thewindmilljournal@emporia.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.

12. Privacy

Emporia State University takes your privacy seriously. Your use of The Windmill Platforms constitutes the acceptance of the 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 Windmill Platforms. Please note that the hosts of The Windmill 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 The Windmill. 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 Windmill Platforms will be deemed an acceptance of our Privacy Policy in effect at the time you access The Windmill Platforms.

13. 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 State of Kansas 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 Windmill Platforms will be litigated in the state or federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Kansas. 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.

Questions

If you have any questions about these Terms, please contact thewindmilljournal@emporia.edu.

Last updated March 12, 2021