1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
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
4.2 All users of the Site shall refrain from any and all conduct that is:
- 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
- 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 firstname.lastname@example.org.
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
10.2 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.
12.1 All notices to a party shall be in writing and shall be made either via e-mail or conventional mail.
13. Entire Agreement