Carnegie Mellon University Institutional Repository Terms of Use

Use and Acceptance. These terms of use (“Terms of Use”) govern your access to and/or use of the Carnegie Mellon University (“CMU”) KiltHub Repository (the “Repository”), along with any and all articles, presentations, posters, papers, data, computer code, images, sounds, and any other kind of materials or information of any kind made available on or through the Repository (collectively, the “Materials”). By accessing and/or using the Repository and/or any Materials (collectively, the “Services”), including, but not limited to, by making deposits to the Repository), you are agreeing to fully comply with these Terms of Use.  THESE TERMS OF USE ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CMU WITH RESPECT TO THE SERVICES.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOUR ONLY RECOURSE IS TO DISCONTINUE ACCESSING AND/OR USING THE SERVICES.    IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR MINOR CHILD ACCESS THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE ON BEHALF OF YOUR CHILD.

In addition, if you are eligible to deposit Materials into the Repository, your use of the Services is also subject to the terms of any applicable deposit agreement you have with CMU (“Deposit Agreement”). The terms of any such Deposit Agreement are incorporated by reference into these Terms of Use.

These Terms of Use, together with the Privacy Statement and any applicable Deposit Agreement, sets forth your entire agreement between you and CMU with respect to the Services.  The Privacy Statement is incorporated by reference into these Terms of Use.

  1. Modifications. CMU may modify these Terms of Use from time to time without notice to you. Any modifications to the Terms of Use shall become effective immediately upon posting.   By making use of the Repository after such modification, you are agreeing to the modified Terms of Use then in effect.
     
  2. Authorized Uses of the Repository. You may access and use the Services solely for your personal, non-commercial educational purposes consistent with any and all Applicable Laws and with these Terms of Use.  However, with respect to any Materials you access through the Repository, your access and use of such Materials are subject to the specific license terms under which such Materials were deposited.  To comply with the Children's Online Privacy Protection Act, at this time the Services are available only to users who are at least 13 years old and, if under 18, have the consent of their parent or legal guardian. If you are under 13, or if you are under 18 and do not have your parent’s consent, you may not use the Services.
     
  3. Use of Third Party Providers and Services.  CMU may use certain third party service providers (collectively “Third Party Providers”) to support portions of the Services.    Such Third Party Providers include, but are not necessarily limited to, the provider of the data management platform service for the Repository (the “Platform Provider”).  You acknowledge and agree that CMU’s ability to provide and make available the Services is subject to and contingent upon CMU receiving the relevant services from the Third Party Providers.
     
  4. Operation Rules. You may not: (i) interfere or attempt to interfere with the proper operation of the Repository or the data management  platform service; (ii) attempt to gain or encourage others to gain unauthorized access to the Repository or the data management platform service; (iii) sell, lease, license, assign, transfer, distribute or otherwise charge or encumber or commercially exploit the Repository, the data management platform service, or any part thereof except as expressly permitted; (iv) misuse the Repository (including by hacking or by knowingly or negligently introducing Viruses); or use the Repository in breach of Applicable Law
     
  5. Content Rules. You may not deposit or upload (or post links to) any of the following types of Materials in or to the Repository: (i) abusive, offensive, obscene or pornographic Materials; (ii) false and/or defamatory statements about any person, organization or entity or other statements likely to create liability; (iii) discriminatory or harassing Materials; (iv) Materials which are criminally discriminatory, harassing, derogatory,  or that are embarrassing to CMU’s Platform Provider or the Platform Provider’s staff; (v) confidential or commercially-sensitive material that you do not have express authority to disseminate; (vi) any other statement which is likely to create any liability (whether criminal or civil, and whether to CMU or its Platform Provider); (vii) chain mail or junk mail; (viii) Materials in breach of copyright or other Intellectual Property Rights (defined below); (ix) Materials which invade the privacy of any person; or (x) Materials that facilitate criminal activity or violate any Applicable Law. 
     
  6. No Warranties; Release and Indemnification. NEITHER CMU NOR ANY THIRD PARTY PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPREHENSIVENESS, ERROR-FREE AND/OR VIRUS-FREE OPERATION, OR CONTINUED AVAILABILITY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CMU AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER CMU NOR ITS THIRD PARTY PROVIDERS GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND SERVICES MAY BE UNAVAILABLE FOR VARIOUS REASONS (INCLUDING BUT NOT LIMITED TO AS A RESULT OF MAINTENANCE SERVICES BY CMU AND/OR ITS THIRD PARTY PROVIDERS). YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS CMU AND ITS THIRD PARTY PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CMU BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE MATERIALS, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH MATERIALS; OR (3) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CMU SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THE SERVICES.
     
  7. Termination or Suspension of Your Access and/or the Services.   CMU may, under certain circumstances, terminate or suspend your account and/or access to the Services.  Reasons for such termination shall include, but not be limited to: (i) violations of these Terms of Use (including but not limited to violations of any terms or other agreements incorporated by reference into these Terms of Use); (ii) requests by you (e.g. self-initiated account deletions); (iii) discontinuance of and/or material modification to the Services, including but not limited to any termination or suspension of services from Third Party Provider; (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; and/or (vi) requests by law enforcement or other government agencies.  In addition, CMU’s Platform Provider may, from time to time in its reasonable discretion, suspend or withdraw your access rights to the Services.  You may request termination of your account by providing notice to KiltHub@andrew.cmu.edu.
     
  8. Trademarks, Copyright & Proprietary Information. The Services contain trademarks and copyrighted material owned by CMU, its Platform Provider and/or the any provider of Materials; you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute such materials without written permission from the applicable owner. For purposes of clarification, this prohibition does not prohibit use of any publicly-available Materials under the terms of the specific license under which such Material were deposited.
     
  9. Confidentiality and Protection of Access Credentials.  You may be given (or required to create) certain user names and/or passwords in order to access some or all of the Services, which could include but is not limited to accounts created under a Deposit Agreement  (the “Access Details”).  You agree to keep Access Details secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them and not disclose to or share your Access Details with any third party without the prior written consent of CMU (and the consent of CMU’s Platform Provider, to the extent your Access Details enable access to the data management platform service).  You agree to notify CMU immediately if you become aware of any unauthorized use or disclosure of your Access Details.
     
  10. Digital Millennium Copyright Act. CMU has designated an agent pursuant to the Digital Millennium Copyright Act (“DMCA”) and intends to respond to notices of alleged infringed filed in compliance with the DMCA.  See  http://www.cmu.edu/iso/aware/dmca/ for information about how to file a notice with CMU pursuant to the DMCA.
     
  11. Definitions.  As used in these Terms of Use:
    a. “Applicable Law” means all laws from time to time that are applicable to these Terms of Use, the Services, and any content, and the rules, regulations and orders, etc. issued under such laws;
    b. “Intellectual Property Rights” means  patents, trademarks, design rights, trade and business names, rights in trade dress or get up, internet domain names, copyrights (including rights in computer software), goodwill, the right to use and protect confidential information and know-how, database rights, and other intellectual property rights in each case whether registered or unregistered (including all rights to be granted  renewals, extensions and rights to claim priority from, such rights and any similar forms of protection) in force which subsist, or will subsist, now or in the future in any part of the world; and
    c. “Virus” means any thing or device (including any software, code, file or program) which may prevent, impair, or otherwise adversely affect the operation of any computer software, hardware, network, telecommunications service, equipment or any other thing, service or device.
     
  12. Miscellaneous. These Terms of Use (which include the Privacy Statement and any applicable Deposit Agreement) constitute your entire understanding with CMU regarding your use of and access to the Services. If any such terms are declared illegal or unenforceable, the remaining terms will remain in full force and effect. CMU’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  The section headings in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.  To the maximum extent permitted by applicable law, any claims relating to these Terms of Use are governed by the laws of Pennsylvania (without regard to its conflicts of law provisions) and by using the Services, you consent to personal jurisdiction in the federal and state courts serving Allegheny County, Pennsylvania as the exclusive legal forum for any claims of any kind relating to the Services and/or the Terms of Use.  CMU is incorporated in the United States and intends the Services to be provided in accordance with applicable United States laws.   If you are located in a foreign country, please be aware that the Services may not comply with legal requirements of your country.  The Services are not provided to, and may not be used by, any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.  Therefore, the Services may not be available to all persons or entities in all jurisdictions.