1. User's Acknowledgment and Acceptance of Terms

1.1 Lafayette College ("Lafayette") provides the Lafayette Digital Repository site and various related services (together as the "Site") subject to your compliance with all the terms, conditions, and notices contained or referenced in these Terms of Use. In addition, when using particular services or materials on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are incorporated by reference into these Terms of Use.

1.2 By using this Site, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit the Site now. Commencement of your use of the Lafayette Digital Repository is your agreement with these terms of use and is effective immediately.

1.3 Lafayette reserves the right to change these Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

2. Description of Services

2.1 This Site is a digital repository designed to promote the free dissemination of knowledge worldwide. Lafayette reserves the sole and exclusive right to either modify or discontinue the Site, including any features therein, and any time with or without notice to you. Any new features added to this Site shall also be subject to these Terms of Use.

2.2 Temporary interruptions of the services available through this Site may occur as normal events.

2.3 You understand and agree that the services available on this Site are provided "as is" and that Lafayette assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or submissions.

3. Copyright and Open Access Scholarship

3.1 The Site includes text, images, graphics, information, articles, and other content (collectively, the “Content”) which may be protected by copyright, trademark and other laws. Some of the Content on this site may include materials from older published works that have passed into the public domain under U.S. copyright law. Where rights information is known, it is included in the metadata associated with each item of Content. If you wish to make any use of the Content that requires authorization under copyright, trademark or other rights, you agree to obtain all necessary permissions from the rights holder.

4. Conduct on Site

4.1 All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with copyright and all other applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone's rights.

4.2 All users of the Site shall refrain from any and all conduct that is:

1. Unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another's privacy, tortious, contains explicit language or images, or otherwise violates our rules or policies; or
2. Infringes on any patent, trademark, copyright, or other proprietary right of any party.

4.3 You may not use your account to breach security of the Lafayette Digital Repository or attempt to gain unauthorized access to Lafayette College’s network or server. You will not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

5. Linked Information

5.1 This Site may link you to other sites on the Internet or otherwise include references to information, documents, and/or services provided by other parties. You acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.

6. Communications and Takedown Requests

6.1 We respect the intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), if you believe your copyright has been violated on the Site, please notify us at dss@lafayette.edu.

7. Indemnification

7.1 You agree to indemnify and hold harmless Lafayette College, the Lafayette Digital Repository, and their officers, employees, and agents from and against all claims, actions, suits, damages, liabilities, and costs (including without limitation, reasonable legal fees) arising from or relating to your use of the Site, or any of the Content, or your failure to comply with any provision of these Terms of Use.

8. Limitation of Liability

8.1 Lafayette College makes this Site and the Content available free of charge. Your use of the Site and the Content is at your own sole risk. In no event shall we be liable to you, in contract, tort, or otherwise, for any direct, indirect, incidental, consequential, punitive, or other damages arising out of or relating to the Site or the content, or your use of the Site or the Content. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

9. Use of Site and Storage of Material

9.1 The accounts of Lafayette Digital Repository users operate on shared resources. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

9.2 Although Lafayette takes reasonable precautions to preserve and protect the material made accessible on the Site, you should not rely on the Site as your only storage facility. You agree not to hold Lafayette liable for any damage to, any deletion of, or any failure to store your files or data.

10. Termination of Use

10.1 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.

10.2 Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and/or bar any further access to such files or this Site. Lafayette shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Lafayette in connection therewith.

11. Governing Law

11.1 This Site (excluding any linked sites) is controlled by us from our offices within the Commonwealth of Pennsylvania, United States of America. By accessing this Site, you agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts located in the Commonwealth of Pennsylvania and the federal courts located in the Eastern District of Pennsylvania with respect matters relating to the Site.

12. Notices

12.1 All notices to a party shall be in writing and shall be made either via e-mail or conventional mail.

13. Entire Agreement

13.1 These terms and conditions constitute the entire agreement and understanding between each user of the Lafayette Digital Repository and Lafayette College concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

14. Miscellaneous

14.1 Lafayette may freely assign our rights and obligations under these Terms of Use.

14.2 If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

14.3 Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.