1. Your relationship with Digital Media and Learning Central (“DMLcentral”)
1.1 Your use of DMLcentral’s products, software, services and web site (referred to collectively as the “Services” in this document and excluding any services provided to you by DMLcentral under a separate written agreement) is subject to the terms of this legal agreement between you and DMLcentral. “DMLcentral” means Digital Media and Learning Central, University of California Humanities Research Institute (UCHRI) which hosts DMLcentral, and the University of California at Irvine where UCHRI is situated. UCHRI can be contacted at UCHRI, 4000 Humanities Gateway, Irvine, CA 92697-3350, (949) 824-8180,uchri @uci.edu. This document explains the structure and terms of your agreement with DMLcentral.
1.2 Unless otherwise agreed in writing with DMLcentral, your agreement with DMLcentral will always include, at a minimum, the terms and conditions set out in this document.
1.3 The terms in this document form a legally binding agreement between you and DMLcentral in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by either:
(A) clicking to accept or agree to the Terms, where this option is made available to you by DMLcentral in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that DMLcentral will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with DMLcentral, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Terms for your records.
3. Provision of the Services by DMLcentral
3.1 DMLcentral is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which DMLcentral provides may change from time to time without prior notice to you.
3.2 As part of this continuing innovation, you acknowledge and agree that DMLcentral may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at DMLcentral’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform DMLcentral when you stop using the Services.
3.3 You acknowledge and agree that if DMLcentral disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content that is contained in your account.
3.4 You acknowledge and agree that while DMLcentral may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by DMLcentral at any time, at DMLcentral’s discretion.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to DMLcentral will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by any means other than through interfaces that are provided by DMLcentral, unless you have been specifically allowed to do so in a separate agreement with DMLcentral. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
4.5 Unless you have been specifically permitted to do so in a separate agreement with DMLcentral, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that DMLcentral has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which DMLcentral may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to DMLcentral for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify DMLcentral immediately via the Contact Page.
6. Privacy and your personal information
6.2 You agree to the use of your data in accordance with DMLcentral’s privacy policies.
7. Content in the Services
7.1 You understand that all information (such as blog posts and comments, papers, bibliographic submissions, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
7.2 DMLcentral reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
7.3 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.4 You agree that you are solely responsible for (and that DMLcentral has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which DMLcentral may suffer) by doing so.
8. Proprietary rights
8.1 Other than the licenses set forth in Section 10, DMLcentral acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with DMLcentral, you agree that you are responsible for protecting and enforcing those rights and that DMLcentral has no obligation to do so on your behalf.
8.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.
9. License from DMLcentral
9.1 DMLcentral gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by DMLcentral as part of the Services as provided to you by DMLcentral (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DMLcentral, in the manner permitted by the Terms.
9.2 Unless DMLcentral has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. Content license from you
10.1 You retain copyright and any other rights you already hold in Content that you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give DMLcentral a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling DMLcentral to perform, display, distribute and promote the Services.
10.2 In addition, unless subject to a separate written agreement, you agree to license all Content you submit, post, or display (including but not limited to blog comments and bibliographic annotations) for public use under a Creative Commons Attribution 3.0 License (http://creativecommons.org/licenses/by/3.0/).
10.3 You understand that DMLcentral, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that the above licenses shall permit DMLcentral to take these actions.
10.4 You confirm and warrant to DMLcentral that you have all the rights, power and authority necessary to grant the above licenses.
11. Ending your relationship with DMLcentral
11.1 The Terms will continue to apply until terminated by either you or DMLcentral as set out below.
11.2 If you want to terminate your legal agreement with DMLcentral, you may do so by (a) notifying DMLcentral at any time and (b) closing your accounts for all of the Services which you use, where DMLcentral has made this option available to you. Your notice should be sent, in writing, to the DMLcentral address that is set out at the beginning of these Terms.
11.3 DMLcentral may at any time, terminate its legal agreement with you if you have failed to comply with or have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms). Such termination will be subject to fair rules regarding participation in and expulsion from DMLcentral and shall be subject to an opportunity to appeal, with the participant’s identity, content, and data being preserved during the appeal period. For further information about these rules, opportunities to be heard, and any appeal regarding termination or enforcement of this agreement, please write to the DMLcentral address that is set out at the beginning of these Terms.
11.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and DMLcentral have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely (such as the Creative Commons License under paragraph 10.2), shall be unaffected by this cessation, and the provisions of paragraph 17.5 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT DMLcentral’s WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
12.3 IN PARTICULAR, DMLcentral, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DMLcentral OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.6 DMLcentral FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. LIMITATION OF LIABILITY
13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DMLcentral, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH DMLcentral MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE DMLcentral WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
13.2 THE LIMITATIONS ON DMLcentral’S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT DMLcentral HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Copyright policy
14.1 It is DMLcentral’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Details of DMLcentral’s copyright policy can be found here.
15. Other content
15.1 The Services may include hyperlinks to other web sites or content or resources. DMLcentral may have no control over any web sites or resources which are provided by companies or persons other than DMLcentral.
15.2 You acknowledge and agree that DMLcentral is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge and agree that DMLcentral is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
16. Changes to the Terms
16.1 DMLcentral may make changes to these Terms from time to time. When these changes are made, DMLcentral will make a new copy of the Terms available at this location.
16.2 You understand and agree that if you use the Services after the date on which the Terms have changed, DMLcentral will treat your use as acceptance of the updated Terms.
17. General legal terms
17.1 The Terms constitute the whole legal agreement between you and DMLcentral and govern your use of the Services (but excluding any services which DMLcentral may provide to you under a separate written agreement), and completely replace any prior agreements between you and DMLcentral in relation to the Services.
17.2 You agree that DMLcentral may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
17.3 You agree that if DMLcentral does not exercise or enforce any legal right or remedy which is contained in the Terms (or which DMLcentral has the benefit of under any applicable law), this will not be taken to be a formal waiver of DMLcentral’s rights and that those rights or remedies will still be available to DMLcentral.
17.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.5 The Terms, and your relationship with DMLcentral under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and DMLcentral agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DMLcentral shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.