1. Acceptance of Agreement
2. General Copyright Policy
The content (except for those items covered in Section 3), organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, reuse or publication by you of any such matters or any part of the Site, apart from section 3, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Manuscript, Rare book, and other Image Copyright Policy
A. Purpose of Policy
By establishing this policy, CSNTM seeks to uphold its mission while promoting the furtherance of academic integrity with the production and use of all its materials. This policy sets forth the rights and responsibilities of CSNTM and all persons desiring the use of any and all CSNTM copyrighted material. For this policy “use” may be defined as any derivative work, distribution, reproduction, public performance or display of any material, website content, image, recording, video, hosted on http://www.csntm.org or its related forms. By viewing any and all content in the CSNTM library, one agrees to these terms and conditions.
B. Ownership of Copyright
Current U.S. copyright law protects any and all works produced by any individual or institution at the moment of production, whether published or unpublished. Therefore, all material produced by CSNTM (defined as including all original works of creative, expressive and/or intellectual works without limitation to texts, pictures, graphics, movies, audiovisual pieces, sound recordings, photographs, images, website content, et al) is under copyright protection.
Regarding images of manuscripts that are owned by other institutes and individuals, CSNTM is a custodian of such images and functions as a research library for those images. The institution or individual that owns the manuscript retains all rights for the images; thus each image may have different requirements for “use.” Anyone seeking to “use” such images needs to get permission both from the institute or individual that owns the manuscripts andfrom CSNTM. Thus, please make all inquiries specific. Regarding, viewing images on the CSNTM website, all use is non-commercial and for research purposes.
C. Permissions for “Use” of Copyrighted Material
“Use” of any and all material produced by CSNTM, hosted by CSNTM, found in CSNTM’s library, or in any affiliated content, must be granted on an individual basis. For more information about usage or if any persons are seeking permissions to use any CSNTM copyrighted material, contact email@example.com.
D. Fair Use and TEACH Act
Given the nature of the Center’s mission and its desire to ensure academic integrity with any and all copyrighted material, all permitted users of CSNTM’s copyrighted material must meet all criteria set forth by Fair Use guidelines, and, in respective situations, all criteria set forth in the TEACH Act (Technology, Education, and Copyright Harmonization Act). All permitted users are expected to fully comply with such provisions and exemptions.
E. Enforcement of Copyright
CSNTM reserves the right to legally protect all copyrighted material owned by the Center. If CSNTM discovers that any of its copyrighted material has not been used in compliance with Permissions, Fair Use, and the TEACH Act set forth above, CSNTM may bring legal action against such offenses. These proceedings would seek, but are not limited to, injunctions to stop the usage of CSNTM copyrighted material and, if necessary, monetary damages (including court costs) from the offender.
F. Infringement of Material
If any person becomes aware of CSNTM copyrighted material being infringed upon or if any of the above compliances are not being observed, please contact CSNTM immediately at firstname.lastname@example.org
4. Service Marks
Products and names mentioned on the Site may be trademarks of their respective owners.
5. Limited Right to Use
Apart from the images covered in Section 3, the viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use). No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
6. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold us and our partners, attorneys, staff, advertisers, product, board(s), and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
9. Disclaimer and Limits
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT PROVIDE LEGAL ADVICE NOR ENTER INTO ANY ATTORNEY-CLIENT RELATIONSHIP.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
10. Use of Information
11. Third-Party Services
We may allow access to or advertise third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
15. Securities Laws
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates, which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein doesnot constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
16. Links to Other Websites
The Site contains links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
17. Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask you to do the same. (See Section 2 and 3.) If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at manuscripts@CSNTM.org
18. Proposed Product and Service Offerings
All descriptions of proposed products and services are based on assumptions subject to change and you should not rely on the availability or functionality of products or services until they are actually offered through the Site. We reserve the right in its sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature and timing of all such awards.
19. Information and Press Releases
The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
This Agreement shall be treated as though it were executed and performed in Plano, TX, USA, and shall be governed by and construed in accordance with the laws of the State of Texas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Plano, TX, USA. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.