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KiltHub Repository: Legal Information

KiltHub Legal Information

Deposit Agreement

Please read this deposit agreement (“Deposit Agreement”) carefully. By clicking “I agree” and/or by creating an account for the Carnegie Mellon University (“CMU”) institutional repository currently referred to as KiltHub (“Repository”), you represent that you are a current CMU faculty, staff or student, and you agree to the terms of this deposit agreement (as well as to the Terms of Use and Privacy Statement).  The terms of this Deposit Agreement and the Privacy Statement are incorporated into and are part of the Terms of Use.

If you do not or cannot agree with these terms, or if you are not a current CMU faculty, staff or student, you must click “[reject]” and you may not create an account and/or upload any Materials to the Repository. 

Definition.  As used in this Deposit Agreement, “Provided Materials” means articles, presentations, posters, papers, data, computer code, images, sounds, and any other kind of materials or information of any kind that you deposit in the Repository.

Eligibility to Deposit Provided Materials.   You must be a CMU faculty, staff member, or student with an authorized CMU account, or be invited by a CMU faculty, staff member, or student to a project in order to deposit Materials in the Repository.  Any deposit account information or credentials created or issued are “Access Credentials” under the Terms of Use.

Grant of Rights Regarding Provided Materials.  By depositing Provided Materials, you hereby agree that CMU has a non-exclusive, world-wide, royalty-free, sub-licensable, perpetual right to store, reproduce, publish, display and distribute any and all such Provided Materials to the public under the relevant license you select when you upload the Provided Materials as well as for archival and preservation purposes (including but not limited to the right to transfer the Provided Materials into a different format now known or later developed).  By agreeing to this Deposit Agreement, you are not relinquishing any ownership interest you may have in the Provided Materials, and CMU is not relinquishing any ownership it may have in the Provided Materials.

Authority to Deposit Provided Materials.  By depositing Provided Materials, you represent that:

--the Provided Materials are either work that you own, or that you have appropriate licenses or permissions necessary to make the Provided Materials available to the public under the license you have selected. Without limiting the general nature of the prior sentence, if the Provided Materials are subject to the terms of an agreement (including but not limited to a sponsored research award, or an IRB protocol or consent form) or are otherwise owned by CMU, you represent that you are permitted by the applicable agreement and CMU to deposit the Provided Materials and to make them available under the license you have selected;

--you have used applicable credits, citations and/or notices consistent with academic practice (and, If applicable, as required by sponsored research or other agreements or obligations);

--the Provided Materials do not contain any materials prohibited by the Terms of Use.

This Deposit Agreement is part of the Repository Terms of Use, which together with the Privacy Statement constitute your entire understanding and agreement with CMU regarding your use of the Repository.

If you click “I agree,” you are representing that you are an adult (at least 18 years of age), you agree to the terms of this Deposit Agreement, and you intend to be legally bound by it.

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.

Carnegie Mellon University Institutional Repository Privacy Statement

Carnegie Mellon University (“CMU”) appreciates your interest in the KiltHub Repository Services (as the term “Services” is defined in our Terms of Use).  We have posted this privacy statement (“Privacy Statement”) to inform you of our practices for handling data collected online by CMU through the Services. This Privacy Statement states CMU’s privacy practices solely with respect to information collected by it online via the Services, and it does not apply to information collected via other mechanisms and/or by other departments or areas of CMU.  By using the Services, you are indicating your assent to the Privacy Statement described here.  This Privacy Statement is incorporated into and subject to the terms of the Terms of Use. 

THE SERVICES SITE WAS CREATED IN THE UNITED STATES AND DOES NOT NECESSARILY COMPLY WITH THE LAWS OF ANY OTHER COUNTRY, SO PLEASE REVIEW THIS PRIVACY STATEMENT BEFORE USING THE SERVICES OR SUBMITTING ANY DATA THORUGH THE SERVICES.  USERS WHO ARE NOT RESIDENT TO THE UNITED STATES SHOULD NOT USE THE SERVICES AND/OR SUBMIT THEIR PERSONAL INFORMATION TO THE SERVICES UNLESS THEY AGREE THAT THEIR INFORMATION WILL BE SUBJECT TO THE TERMS OF THIS PRIVACY STATEMENT AND THE LAWS OF THE UNITED STATES.

Modification of Privacy Statement. CMU shall have the right to modify this Privacy Statement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically. To make your periodic review more convenient, we will post a date at the bottom of this page.

Collecting Site Visitor Information (including use of Cookies and Web Beacons)

A cookie is a small text file containing information that a web site transfers to your computer for recordkeeping purposes. Cookies are used for running the Services, and are used to track you within the Services.

A web beacon is a transparent, 1-pixel image in .gif format that helps us collect data about visitors viewing a web page -- for example, to count the number of visitors to a page or to deliver a cookie to visitors' browsers when they view that page. We may use web beacons on the Services from time to time for these and other purposes.

When you visit the Services or click on internal links within the Services, we may collect information through technologies such as cookies and beacons.  By using the Services, you consent to any such collection and use of this information as described in this Privacy Statement.

We may use the information we gather to, among other things, help us improve our understanding of how visitors use the Services, measure interest in various pages, improve the Services’ content and usability, monitor the level of activity on the Services, and run the Services more efficiently. We may also use such information for other purposes, including as a way to gather broad demographic information, to enhance users' experience on our Services, or to better prepare future content based on the interests of the users of our Services.  However, we are not using these technologies to monitor or track you for advertising purposes.

 
Use of these Technologies by Authorized Third Party Service Providers

As described in our Terms of Use, we may be working with Third Party Providers (as defined in the Terms of Use) with respect to the Services.   Those Third Party Providers may place third-party cookies, web beacons, or similar technologies for storing information in our Services. These Third Party Providers may use these technologies in connection with the provision of the Services and/or to compile anonymous site metrics and analytics. 

Collecting Your Personal Information

In order for you to deposit Materials or use certain parts of the Services, we may require you to provide us with information that personally identifies you.  This information may include, without limitation, contact data like your name and email address.  If you make an account to use certain Services, communicate with us by e-mail through any links on the Services, or otherwise complete online forms or otherwise submit information through the Services, any information provided in such communication may be collected.  CMU may receive such information directly from you and/or through others involved in the Services (such as from Third Party Providers).  In addition, Materials being deposited may contain certain personal information (including but not limited to names of authors).

Choice Regarding Collection of Personal Information

You may choose not to provide any individually-identifiable information.  In such an event, you may not be able to deposit Materials or use those portions of our Services that require you to have an account or otherwise provide such individually-identifiable information. 

How We Use and Share Information Collected

We will use information collected from you to, among other things, provide and/or enable your use of the Services, contact you when necessary, and ensuring your compliance with the Terms of Use.   Among other things, you understand that if Materials contain personally identifiable information and you deposit them in the Repository, you are authorizing CMU to release such Materials (including any personally identifiable information in them) through the Repository.

CMU may also provide such information or provide access to such information to any of our affiliates, licensors, content providers, contractors (including but not limited to Third Party Providers) and sponsors.

CMU may use your information to reply to you and send information to you.  CMU also may provide aggregated information received from Services users to third parties. 

Regarding any of your personally identifiable information collected by CMU through the Services, CMU will not sell or rent such personally identifiable information to third parties for the third parties’ commercial marketing purposes.

In the event that some of CMU’s assets and/or information are sold or transferred or used as security, the information collected through our Services may be transferred to third parties as part of that transaction. 

If CMU is requested by law enforcement officials or judicial authorities to provide information on individual users, we may, without your consent, provide such information.  In any matters involving claims of personal or public safety (as determined by CMU in its sole discretion) CMU may provide your personal information to appropriate authorities without your consent or court process.  CMU may also use your information to enforce CMU’s rights, intellectual property or other property, including but not limited to enforcing the Terms of Use.

CMU does not intend to reveal your personally-identifiable information to third parties except in the ways described in this Privacy Statement or as otherwise authorized by you. 

Your Ability to Access, Update and Correct Personal Information

If you wish to check the personal information we have at CMU that was collected through the Services, please email us at KiltHub@andrew.cmu.edu.  We may retain in our files information you have requested to remove in some circumstances, such as to resolve disputes, troubleshoot problems and/or enforce our Terms of Use.  In addition, such prior information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your information will be completely removed from our databases in response to your requests.

Children's Privacy

Protecting children's privacy is extremely important to us. Our Services are not intended for the use of or designed to attract the attention of children. You must be at least 18 in order to deposit Materials.  Otherwise, the Services are available only to those 13 or older, and any user under 18 must have parental consent.  We do not collect personal information from anyone we know to be under age 13, and children under 13 should not send us any information.  If you believe your child under 13 has registered for Services or provided us with information through the Services, please email us at KiltHub@andrew.cmu.edu and we will use reasonable efforts to delete their account and remove their information, subject to the limitations stated above.

Other Sites

Links to third-party web sites may appear on some pages within the Services for your convenience and information. Using these links will cause you to access web sites that are not part of the Services. We suggest that you carefully review the privacy policies of each site you visit. 

Please direct your questions or comments regarding this Privacy Statement to KiltHub@andrew.cmu.edu

June 9, 2017 version