Terms of Use
These Terms of Use are a contract between you and the Center for Digital Research and Scholarship (CDRS). CDRS is a center within Digital Programs and Technology Services, a division of Columbia University Libraries/Information Services, with its principle place of business at 201 Lehman Library, International Affairs Building, 420 West 118th Street, New York, NY 10027, USA. By using the CDRS Sites and any services accessible from the CDRS Sites you are agreeing to be bound by the following terms and conditions ("Terms of Use"). If you do not agree to these Terms of Use, do not visit or use the CDRS Sites.
Ownership of Content
The copyright in the material contained on the CDRS Sites belongs to CDRS, its partners, or its licensors as indicated. The trademarks and other elements appearing on the CDRS Sites are protected by New York, United States, and international copyright, trade dress, patent, and trademark laws, international conventions and all other relevant intellectual property and proprietary rights and applicable laws.
Reproduction of Content
All books and accompanying materials published by CDRS on the CDRS Sites, unless otherwise indicated, are licensed by the respective authors of such books for use and distribution by you subject to citation of the original source in accordance with the site-indicated Creative Commons license.
Ownership of Sites
Unless otherwise indicated, the CDRS Sites are the property of CDRS. You acknowledge and agree that the CDRS Sites, and any necessary software used in connection with the CDRS Sites, may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All CDRS Sites' code and specifications are subject to their said or implied licenses.
General Practices Regarding Use
CDRS reserves the right to limit, suspend or terminate your access and use of the CDRS Sites at any time without notice.
Impermissible Acts
As a condition to your use of the CDRS Sites, you agree not to:
-modify, adapt or hack the CDRS Sites or falsely imply that some other site is associated with the CDRS Sites or CDRS; or
-use the CDRS Sites for any illegal or unauthorized purpose. You must not, in the use of the CDRS Sites, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of these Terms of Use
CDRS reserves the right to investigate and prosecute violations of any of these Terms of Use to the fullest extent of the law. CDRS may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that CDRS has no obligation to pre-screen or monitor your access to or use of the CDRS Sites or any information, materials or other content provided or made available through the CDRS Sites, but has the right to do so. You hereby agree that CDRS may, in the exercise of CDRS' sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Use or that is otherwise objectionable.
Feedback
In the course of using the CDRS Sites, you may provide CDRS with feedback, including but not limited to suggestions, observations, errors, problems and defects regarding the CDRS Sites (collectively "Feedback"). You hereby grant CDRS a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
Modifications to the CDRS Sites and Terms of Use
CDRS reserves the right to modify or discontinue, temporarily or permanently, the CDRS Sites (or any part thereof) with or without notice at any time. You agree that CDRS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the CDRS Sites. CDRS reserves the right to change these Terms of Use by posting changes on this page of the CDRS Sites. By using the CDRS Sites, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound.
Links
The CDRS Sites, or relevant third parties, may provide links to other web sites or resources. Because neither CDRS nor Neni Panourgiá nor Fordham University Press has any control over such sites and resources, you acknowledge and agree that none of the copyright holders are responsible for the availability of such external sites or resources, and acknowledge that none of the copyright holders endorse or are in any way responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Your business dealings with any third parties through the CDRS Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that CDRS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please notify info@cdrs.columbia.edu.
Disclaimer of Warranties
YOUR USE OF THE CDRS SITES OR ANY WEB SITE TO WHICH THEY ARE LINKED IS AT YOUR SOLE RISK. THE CDRS SITES AND THEIR CONTENT ARE PROVIDED FOR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS. CDRS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE CDRS SITES OR THEIR CONTENTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT RELATING TO THE CDRS SITES, THEIR CONTENT OR ANY WEB SITE TO WHICH THEY ARE LINKED.
Indemnification
You agree to indemnify and hold CDRS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the CDRS Sites, your connection to the CDRS Sites, your violation of these Terms of Use, your violation of any rights of another, or any breach of the foregoing representations, warranties and covenants. The user is solely responsible for his or her actions when using the CDRS Sites, including, but not limited to, costs incurred for Internet access. CDRS reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Limitation of Liability
IN NO EVENT SHALL CDRS OR ITS EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL LOSS, DAMAGES FOR LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, CLAIMS OF THIRD PARTIES, OR ANY OTHER LOSS, COST, CLAIM OR EXPENSE OF ANY KIND OR CHARACTER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CDRS SITES, THEIR CONTENT OR ANY WEB SITE WITH WHICH THEY ARE LINKED.
Special Considerations for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
General Terms
These Terms of Use constitute the entire agreement between you and CDRS and govern your use of the CDRS Sites, superseding any prior agreements between you and CDRS (including, but not limited to, any prior versions of the Terms of Use) and any prior representations by CDRS. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. The failure of CDRS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought against CDRS and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, arising out of or related to use of the CDRS Sites or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.