The Wright State Guardian is a student-run news publication that posts breaking news and stories online daily. The Wright State Guardian features news about issues relevant to Wright State University, college students in general, and topics pertaining to the greater Miami Valley area and the State of Ohio. Below you will relevant policies that affect our users and clients.
Have a question, concern or comment? Email us at [email protected].
On this page:
[Effective as of July 29, 2020]
For purposes of this Agreement, “Site” refers to the Publication’s website, which can be accessed at https://wsuguardian.com/.
“Service” refers to the Publication’s services accessed via the Site, in which users can read, watch, listen and furthermore explore content produced by the Publication and its staff.
The terms “we,” “us,” and “our” refer to the Publication.
“You” refers to you, as a user of our Site or our Service.
I. INFORMATION WE COLLECT
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your name, email, address and telephone number, which you submit to us through the registration process at the Site.
1. Information collected via Technology
To activate the Service you do not need to submit any Personal Information other than your email address through the voluntary subscription process. Some features, however, are only available to subscribers. To use the Service thereafter, you do not need to submit further Personal Information. However, in an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. For example, articles may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
The Publication may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
2. Information you provide us by subscribing to our Service
3. Children’s Privacy
The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13, or allow anyone under the age of 13 to sign up for the Service. In the event that we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at [email protected].
II. HOW WE USE AND SHARE INFORMATION
In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, and inform users about promotional offers.
We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.
III. HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
V. LINKS TO OTHER WEBSITES
VII. CONTACT US
[Effective as of July 28, 2020]
“Service” refers to the Publication’s services accessed via the Site, in which users can read, watch, listen and furthermore explore content produced by the Publication and its staff. The terms “we,” “us,” and “our” refer to the Publication. “You” refers to you, as a user of our Site or our Service.
II. ABOUT THE SERVICE
The Service allows you to read, watch, listen and furthermore explore content produced by the Publication and its staff. The Publication is a student-run, subsidized organization of Wright State University (“University”); its views and opinions do not reflect those of the University, its officers, employees, agents, representatives or affiliates. Additionally, the Publication is editorially independent and free from censorship and prior restraint by the University. The Publication is operated in accordance with standards approved by the Student Media Board as well as the ethical and legal regulations governing thereof.
III. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
If you are a user who signs up for the Service, or subscribe, you will create a personalized account which includes your name and email to receive messages from the Publication. You agree to notify us immediately of any unauthorized use of your account. The Publication will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your account.
IV. USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
- access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service;
- collect or harvest any personal data of any user of the Site or the Service;
- use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- intentionally allow another user to access your account;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
- publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
V. POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Publication, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, libelous, false or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below:
- When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
VI. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
VII. LINKS TO OTHER SITES AND/OR MATERIALS
VIII. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent.
The Wright State Guardian
3640 Colonel Glenn Hwy
015 Student Union
Dayton, OH 45435-0001
July 29, 2020 to Present
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the State of Ohio; and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
IX. LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Publication a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
X. INTELLECTUAL PROPERTY
XI. EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
XII. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [email protected] or mail to the following postal address:
The Wright State Guardian
015 Student Union
3640 Colonel Glenn Hwy
Dayton, Ohio 45435-0001
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
XIII. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
XIV. LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XVI. GENERAL TERMS
You agree that any cause of action related to or arising out of your relationship with the Publication must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Advertising Policies and Contract
This Advertising Policy & Contract 2020-2021 (the “Contract”) is made and entered into by and between Wright State University, an Ohio institution of higher education located at 3640 Colonel Glenn Highway, Dayton, Ohio 45435, on behalf of The Wright State Guardian, and [Name of Client], located at [Address of Client] (“Client”), effective as of the last date of signature set forth below.
In witness whereof, Wright State University and Client agree as follows:
Billing and Terms of Payment
The Wright State Guardian understands the importance of receiving an invoice in a timely fashion with accurate billing information. If Client has a question or if there is a discrepancy with Client’s invoice, please contact our business office as soon as possible or email [email protected]
All rates are non-commissionable, net rates.
Checks, money orders, Mastercard, Visa and Discover are accepted. Cash payments may be made in-person, by appointment only. Checks and money orders should be made payable to Wright State University.
“Out-of-town” and new advertising accounts must prepay for advertising unless billing is approved. Political, “closing” and “going out of business” advertising must be prepaid with no exception. Advertising invoices are mailed every week to approved billing accounts at net 30. The Wright State Guardian reserves the right to revoke billing privileges.
All balances not paid within 30 days are subject to an interest charge of 1.5% per month (annual rate of 18%) or the highest rate allowable by applicable law, whichever is less. Any balance not paid within 120 days will be referred to the university’s collections office. It is important for Client to address any billing situation in order to avoid further progressive collection action including the potential assessment of collection costs and interest levied by the State of Ohio Attorney General’s office.
After 60 days of non-payment, The Wright State Guardian reserves the right to place current and future advertising on hold. Client will remain liable for the payment terms of their contract.
A charge of $25.00 or 15% (whichever is greater) of the check will be assessed against Client on any returned check.
If Client is a university department, unit or organization, Client must complete an Internal Funds Transfer Form in lieu of pre-payment. Record of the appropriate operating ledger and accounting codes must be made to complete an internal expense transfer. Forms may be turned in to:
The Wright State Guardian
019F Student Union
Rejection of the expense transfer due to insufficient funds will reflect that of a returned check, and a charge of $25.00 or 15% (whichever is greater) will be assessed.
This Contract is legally binding; if payment or advertising assets are not provided by Client, Client is still liable for payment of the space purchased.
This Contract shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. Each party to this contract hereby irrevocably submits to the exclusive jurisdiction of an Ohio court of competent jurisdiction for the purposes of any proceeding arising out of or related to this Contract.
Please note: No refunds will be given. In the case of an error by The Wright State Guardian, account credit will be granted to Client. In the case of an error by Client, no credit will be given.
Rates listed in the 2020-2021 Rate Card, which is hereby incorporated into this Contract by reference, are valid from July 1, 2020 through June 30, 2021. The Wright State Guardian reserves the right to make rate changes mid-Contract, provided however that Client will be given at least 30 days’ advance notice of any such changes and, in the event Client finds the changed rates unacceptable, Client may cancel the Contract without penalty.
The Wright State Guardian reserves the right to offer special promotions not listed in the Rate Card or on its website.
General Advertising Policies
The Wright State Guardian reserves the right to reject any advertising for any reason.
The Wright State Guardian makes every effort to produce error-free ads; however, if an error should occur, please notify the business office within three days of the error at [email protected] Liability for any errors is limited to the cost of the space occupied by the error.
All ad changes and cancellations must be made within 72 hours of such ads being placed, unless the ad run is less than 72 hours, in which case no changes or cancellations are permitted. Ads canceled after this time period will not be refunded.
Advertising having the appearance of news must be labeled as “Paid Advertising.” All political and cause advertisements must carry the appropriate information required by law. (e.g., Paid by Committee for Jane Doe, John Doe, Treasurer).
Client assigns to The Wright State Guardian all rights, title and interest to all layouts and original art produced by The Wright State Guardian.
A signed model release is required for all persons pictured if photographs are included with an advertisement.
The Wright State Guardian will not knowingly accept any advertisement that is defamatory, promotes academic dishonesty, or otherwise violates any applicable federal, state or local laws or regulations.
The Wright State Guardian will not knowingly accept any advertisement that encourages discrimination against any individual or group on the basis of race, color, sex, gender, sexual orientation, marital status, military or veteran status, creed, age, religion, national origin, ancestry, disability, genetic information, or any other trait or status protected by applicable law.
Classifieds of a business nature may not appear in the “personal” classification. Classifieds will not be intentionally misclassified at the request of Client. Personal ads may contain first names and last initials only.
Proofs requiring changes initiated by Client will be corrected with or without additional charge depending on the extensiveness of the revisions and the amount of typesetting, design or photographic work required.
Contracted space is for the sole use of Client and may not be assigned to or used by any other individual or entity without the advance written approval of The Wright State Guardian.
Client assumes full liability for advertisements and links and agrees to be responsible to and hold The Wright State Guardian and Wright State University harmless for any actions, claims, demands, losses, damages or other liability that may result from the client providing material (e.g. providing copyrighted artwork without authorization).
All advertisements shall have a clear statement of a bona fide offer or announcement made in good faith.
Anonymous advertisements are not permitted, and will not be published. Client must provide its contact name, business name, address and phone number to The Wright State Guardian.
All advertising copy and design must be provided by Client to The Wright State Guardian at least one week prior to onset date. Copy or design delivered electronically may not be considered camera-ready and is subject to normal deadlines. Copy and design received after the deadline is not guaranteed a proof. Late copy or design will be assessed a $25 fee.
The Wright State Guardian is not responsible for errors on advertisements in which advertising copy or design is delivered past deadline.
Copy or design regulations are subject to change without advance notice.
Client hereby agrees to assume full liability, jointly and severally, for the content of any advertisement it has caused to be published in The Wright State Guardian and its related media and any claims, actions, demands, losses, damages, or other liability arising from such publication, including but not limited to claims for libel, invasion of privacy, commercial appropriation of one’s name or likeness, copyright infringement, trademark, trade name or patent infringement, commercial defamation, false advertising, or any other claim whether based in tort or contract, or on account of any state or federal statute, including applicable state and federal deceptive trade practices acts. In addition, Client agrees to indemnify, defend and hold The Wright State Guardian, Wright State University and its affiliates harmless from all claims (whether valid or invalid), lawsuits, judgments, liabilities, damages, losses, costs and expenses of any nature (including the assessment of reasonable attorneys’ fees) resulting from or caused by the publication of any advertisement placed by the advertiser or advertising agency.
Relationship with Wright State University
The Wright State Guardian (the “Publication”) is a student-run, subsidized organization of Wright State University (“University”); its views and opinions do not reflect those of the University, its officers, employees, agents, representatives or affiliates. Additionally, the Publication is editorially independent and free from censorship and prior restraint by the University. The Publication is operated in accordance with standards approved by the Student Media Board as well as the ethical and legal regulations governing thereof.