Nothing in the Terms overrides the application of other rules and policies of Yale or other agreements between you and Yale and/or third parties. For example, your use of the Site is also subject to:
- The Yale Information Technology Appropriate Use Policy.
- Any agreements entered between you and Yale and/or third parties pertaining to any Materials.
Copyright Yale University 2017. All Rights Reserved.
In consideration for your agreement to the Terms, we grant you a limited, personal, non-exclusive, non-transferable license to view, access and use the Site. You may also print a reasonable number of copies of information and content available on or through the Site for your non-commercial use only, provided that you reproduce all copyright, trademark and proprietary notices (for example, the Site may include trademarks or logos belonging to third-party licensors and are used pursuant to an agreement with such third parties), and you comply with all other terms or restrictions that may be applicable to that material. Yale does not intend to cede its respective rights, or the rights of third parties, to materials appearing on or through the Site. By accessing or printing material from the Site, you agree that there is no explicit or implicit transfer of ownership rights, and any and all rights, title and interest in and to the Site, including all services, information and content available on or through the Site, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein, shall remain with Yale and our third-party licensors, as applicable. You may not otherwise copy, reproduce, retransmit, distribute, publish, exploit or otherwise transfer any such material unless permission to do so is specifically granted by Yale. Except in a few circumstances, Yale does not hold the copyright to materials on the Site, and cannot grant or deny permission to use those materials. Accordingly, you are solely responsible for determining the copyright status of any materials you may wish to use, to investigate the owner of the copyright, and to obtain permission for your intended use, if appropriate.
For example, you do not need to obtain permission to use materials in the public domain. (Cornell University publishes a chart that may help you to identify what is and is not in the public domain in the United States.) You are also welcome to make fair use of copyrighted materials as may be provided by applicable copyright law. The United States copyright law contains an exception for fair use of copyrighted materials, which includes the use of protected materials for certain purposes of teaching, scholarship, research, criticism, commentary, and news reporting. For guidelines on the fair use exception in the United States, please refer to the website of the U.S. Copyright Office.
In all cases, you must include a citation to the source of the material and this Site in accordance with the Ten Thousand Rooms Project Citation Guide, and, if a particular material is copyrighted, you must cite all copyright information and comply with all other terms or restrictions that may be applicable to that material. If the content in question is under copyright, permission to publish should be sought from the owners of rights, typically the creator or the heir to the creator’s estate.
Privacy, Publicity, and Third Party Rights. Issues pertaining to privacy and publicity may arise when you contemplate the use of materials in the Site. The rights of privacy and publicity are separate and distinct issues from copyright. While copyright laws protect the copyright owner’s property rights in the work, privacy and publicity rights protect the interests of the individuals who are the subject of the work. The right of publicity is a person’s right to control, and profit from, the use of his or her name, image and likeness. This means that any use of a person’s name, image or likeness for commercial gain is not permitted without his or her consent. The right of privacy is a person’s right to live outside of the public eye and free from the publicizing of intimate details of his or her life, which means that directing unwanted public attention to a person may give rise to a cause of action. Keep in mind that while a person’s right to privacy generally ends with his or her death, publicity rights associated with the commercial value of that person’s name, image, or likeness may continue after their death. For example, many estates and representatives of famous deceased authors, photographers, celebrities, and other well-known figures continue to control and license use of their names and likenesses. You are solely responsible for addressing issues of privacy and publicity rights relating to your use of the Materials.
Trademark Notice. The names, marks, logos, seals, devices and designs associated with Yale University are trademarks and service marks of Yale or its affiliates (collectively, the “Trademarks”). All other trademarks or service marks appearing on the Site are the trademarks, service marks, or logos of their respective owners. No trademark or service mark appearing on the Site may be used without the prior written consent of the mark’s owner. You may not use the Trademarks without valid, written authorization from Yale, except to provide the citation as specified above. Additionally, you may not use the Trademarks in any manner that (a) will likely cause confusion about the source of any product or service or (b) falsely implies or represents that Yale sponsors, endorses, or is affiliated with any third-party activity.
Use of the Site - Code of Conduct. You agree not to use the Site to engage in any of the following conduct:
- Interfering with the operation of the Site, or, restricting, disrupting or inhibiting any other user from using the Site;
- Posting or otherwise transmitting any unlawful, fraudulent, threatening, harassing, libelous, defamatory, discriminatory, obscene, or similarly objectionable or harmful material or information of any kind;
- Posting or otherwise transmitting any advertisement, promotion, or solicitation of goods or services for commercial or partisan political purposes;
- Posting or otherwise transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component that may compromise the security of the Site;
- Posting, transmitting or otherwise using materials in violation of another party’s copyright, privacy, publicity or other proprietary right, or the terms of any contractual agreement or fiduciary relationship;
- Using the Site for any commercial, partisan political or unlawful purposes;
- Copying, scraping, downloading, exporting, storing or otherwise capturing any data obtained via the Site without proper written authorization;
- Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Site;
- Misrepresenting your identity, or, sharing or otherwise transferring user account information to any person other than the registered user specifically authorized to use such account;
- Accessing or attempting to access any portion of the Site to which you have not been explicitly granted access;
- Directly or indirectly authorizing anyone else to take actions prohibited in this section; or
- Otherwise using the Site or any information and content available on or through the Site in violation of the Terms or applicable law.
Submissions to the Site by You. In submitting any text, images, data, information, content or other materials (collectively, “Materials”) to the Site, you agree that any Materials originally authored by you are hereby licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (“CC BY-NC 4.0 License”), the terms for which are available at https://creativecommons.org/licenses/by-nc/4.0/, and which are fully incorporated by reference and made a part hereof. Third-party materials that are not your original annotations and comments are not covered under the CC BY-NC 4.0 License; such materials may be subject to additional intellectual property notices, information or restrictions. You are solely responsible for obtaining permission use third-party materials or determining whether your use is fair use and for responding to any claims that may arise.
You are solely responsible for Materials submitted by you. By submitting such Materials to the Site, you certify ownership authority to grant such rights to us and acknowledge that the burden of determining whether any such Materials are protected by copyright rests solely with you.
Yale assumes no responsibility or liability for Materials submitted by you or any other user of the Site. We may, but are not obligated to, restrict or remove any and all Materials that we determine in our sole discretion violates the Terms or is otherwise harmful to us, other Site users or any other third party. We reserve the right to remove Materials you submit at any time, but you understand that we may preserve and access a backup-copy, and we may disclose such Materials if required to do so by law or in a good faith belief that such access, preservation or disclosure is required by law or in the best interests of Yale.
Any Materials you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any such Materials. Never assume that you are anonymous and cannot be identified by your submissions. You hereby grant Yale and any of its sublicensees the right to use the name that you submit in connection with the Materials, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Materials submitted by you; that such Materials are accurate; that use of such Materials does not violate the Terms, and will not cause injury to any person or entity; and that you will indemnify Yale and its officers, trustees, employees, representatives and agents for all third-party claims resulting from Materials you submit.
Use of Password-Protected Areas on the Site. Certain areas of the Site are protected by usernames and password. If you have a user name and password for accessing the Site, you agree not to share them with any other person, including any person who may have his or her own user name and password. You agree that the user name and password for your account is personal to you only, and you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity, while using the Site. You are responsible for all uses of your user name and password to gain access to the Site and for all activity under them, including the use of any information or material obtained by using them. Yale may terminate your account or authorization to access the Site at any time, without notice, for conduct that Yale believes violates the Terms or other applicable policies, rules or regulations of Yale.
If you become aware of any unauthorized use of your account, another user’s account or any other portion of the Site, you agree to notify the site administrators (firstname.lastname@example.org), and to provide prompt reasonable assistance at the request of Yale and/or its representatives to address any violations of the Terms as determined by Yale.
Links to Yale’s Site. You may not create links to the Site from any website with content that is fraudulent, threatening, harassing, libelous, defamatory, discriminatory, obscene, or similarly objectionable or harmful, or in a manner that would constitute or encourage a criminal offense, violate the rights of any party (directly or indirectly), or otherwise give rise to liability, violate any law or falsely imply Yale’s sponsorship, endorsement or approval of your or another party’s site or activities. Additionally, Yale, in its sole discretion, has the right to require that you remove links to the Site.
Disclaimers of Warranties. THE SITE AND MATERIALS AVAILABLE ON OR THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YALE DOES NOT WARRANT THAT THE SITE OR ANY SUCH MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS AVAILABLE ON OR THROUGH THE SITE. YALE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITE, INCLUDING USER CONTENT, OR THROUGH LINKS TO OTHER WEBSITES, IF APPLICABLE. YALE RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE. IF YOU RELY ON THE SITE AND ANY MATERIALS AVAILABLE ON OR OTHERWISE TRANSMITTED THROUGH IT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU SPECIFICALLY ACKNOWLEDGE THAT YALE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THIS TYPE OF CONDUCT RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE.
TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YALE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT, INFORMATION, GOODS OR SERVICES THAT ARE AVAILABLE ON OR OTHERWISE TRANSMITTED THROUGH IT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED).
ALTHOUGH YALE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER MALICIOUS CODE TO THE SITE, YALE DOES NOT GUARANTEE OR WARRANT THAT THE SITE OR MATERIALS THAT MAY BE AVAILABLE ON OR THROUGH THE SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. YALE IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. It is up to you to take any and all precautions to ensure that the SERVICES and/or MATERIALS you access and use from thE site or any hyperlinked Web site is free of such items of a destructive nature.
Limitation of Liability. YALE AND ITS OFFICERS, TRUSTEES, EMPLOYEES AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN THE SITE OR MATERIALS AVAILABLE ON OR THROUGH THE SITE, INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THE TERMS.
UNDER NO CIRCUMSTANCES WILL YALE OR ITS OFFICERS, TRUSTEES, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTED SERVICES OR MATERIALS; LOSS OF USE, DATA, REVENUES OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THE TERMS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT, STATUTORY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES, SO SOME OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold Yale and its officers, trustees, employees, representatives and agents harmless from and against any and all claims, liabilities, losses, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from:
(a) your breach of the Terms;
(b) your violation of the Code of Conduct (as set forth above); or
(c) your activities in connection with the Site.
Yale reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification. You agree to provide Yale with whatever cooperation it reasonably requests.
Any heading, caption, or paragraph title contained in the Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision contained within the Terms. If any provision of the Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. No waiver of any of the Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may not transfer or assign any rights or obligations under this agreement. In the event of termination hereunder, you shall have a continuing obligation thereafter to comply with any provision of the Terms that by its sense and context is intended to survive termination.
Choice of Law/Forum Selection. You agree that any dispute arising out of or relating to the Terms or the Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Connecticut, excluding its conflicts of law provisions. You irrevocably agree to bring any claim or dispute relating to your use of the Site and the Terms exclusively in the applicable state courts located in New Haven County, Connecticut or the United States District Court for the District of Connecticut (sitting in New Haven), to submit to the exclusive jurisdiction of those courts, and to waive any objections based on jurisdiction, venue, or inconvenience of the forum. In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys’ fees. If a court determines that any provision of the Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.