The Terms are an enforceable agreement between Yale and you, the user of the Site, whether you are a student, faculty member, staff member, alumnus/a, group, association, corporation, or other individual or organization. If you do not agree to the Terms, you are not authorized to use the Site. Yale reserves the right to change the Terms in its sole discretion, and it will post any changes on the Site. If Yale decides that it is appropriate, it may also provide additional notice of more significant changes. Any modified Terms are effective immediately upon posting. By continuing to use the Site after Yale posts modified Terms, you agree to be bound by them. Nothing in the Terms overrides the application of other Yale rules and policies. For example, if you are a student, faculty member, staff member, or other user, your use of the Site is also subject to: the Information Technology Appropriate Use Policy.
Yale University marks and associated logos are trademarks and service marks of Yale (“Yale Trademarks”). All other trademarks, service marks, and logos used in 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 Yale Trademarks without valid, written authorization from Yale. Additionally, you may not use Yale Trademarks in any manner that (a) will likely cause confusion about the source of any product or service, (b) implies that Yale sponsors, endorses, or is affiliated with any third-party activity, or (c) disparages or discredits Yale or any of its officers or personnel. You may not register any domain names containing any Yale Trademarks without Yale’s prior written consent in each case.
You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in the termination of your use of the Site.
- Restricting or inhibiting any other user from using and enjoying the Site and services;
- Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful information of any kind;
- Posting or transmitting any advertisement, promotion, or solicitation of goods or services for commercial purposes without Yale’s prior written approval;
- Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Posting or transmitting materials in violation of another party’s copyright or intellectual property rights;
- Using the Site for any commercial or unlawful purposes; or
- Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Site.
Your use of the Site indicates that you agree to be bound by the Terms. If you do not agree to the Terms, please do not enter the Site. If you are not yet eighteen years of age, a parent or guardian may agree to be bound by the Terms on your behalf.
Where permitted, you may submit any text, images, data, or other materials (“content”) to the Site. In doing so, you acknowledge and agree that the grant of content to Yale is a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and translate content.
Further, by submitting content to the Site, you certify ownership authority to grant such rights to Yale and acknowledge that the burden of determining whether any content posted or transmitted to the Site by you is protected by copyright rests solely with you.
Certain areas of the Site are protected by user names and passwords and may be accessed only by members of the Yale community. If you have a user name and password, 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 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.
You acknowledge and agree that Yale has the right, but not the responsibility, to monitor the Site and Site-related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Site properly; to protect itself and its students, staff, faculty, officers, trustees and third parties with whom Yale has a relationship, and users of the Site; to comply with legal obligations or governmental requests; or to respond to any circumstance that Yale deems to be an emergency. Yale reserves the right to refuse to post or to remove any information or materials, in whole or in part, that is in violation of the Terms or otherwise unacceptable to Yale, in its sole discretion.
You may not create links to the Site from a web site with content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, 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 or violate any law or imply Yale’s sponsorship, endorsement or approval of another party’s site or activities. Additionally, Yale has the right to require that you remove links to the Site.
Copyright Yale University 2013. All Rights Reserved.
Although parts of the Site are freely accessible, Yale does not intend to cede its respective rights, or the rights of third parties, to materials appearing on the Site. By downloading material from the Site, you agree that there is no explicit or implicit transfer of ownership rights. Yale grants you permission for limited non-commercial, educational, and personal use of materials for which Yale owns the copyright. Because Yale does not hold the copyright to various materials on the Site, Yale 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. In all cases, you must cite Yale as the source, 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. You do not need to obtain permission to use materials in the public domain. Additionally, 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. You are solely responsible for determining whether any exceptions under United States copyright law apply and for responding to any claims that may arise from your use.
Notice and Procedure for Making Claims of Copyright Infringement
Yale intends that all material posted on the Site respect the copyright and other proprietary rights of third parties. However, Yale cannot monitor the copyright ownership of all material posted on the Site. If you believe that any material posted on the Site infringes your copyright, then you may request the removal of those materials from the Site in accordance with the Copyright Act, 17 U.S.C. § 512(c)(3), and the procedures described below.
A notice of infringing material that complies with the Copyright Act, 17 U.S.C. § 512(c)(3) (“Notice”) must be sent to the agent Yale has designated with the Copyright Office:
H. Morrow Long
University Information Security Officer
Information Technology Services
100 Church Street South
PO Box 208065
New Haven, CT 06520 email@example.com
To comply with the Copyright Act, your Notice must be in writing and must include the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Yale to locate the material;
- Information reasonably sufficient to permit Yale to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and made under penalty of perjury, and that you are the owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
When Yale receives a Notice that complies with the Copyright Act, it will remove the identified material immediately. Yale will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide Yale with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
- A physical or electronic signature of the alleged infringer;
- Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
- The alleged infringer’s name, address, and telephone number; and
- A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, Yale will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice, unless you inform Yale that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on the Site.
THE SITE AND THE SERVICES AND MATERIALS AVAILABLE THROUGH IT ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” YALE DOES NOT WARRANT THAT THE SITE OR ANY OF THE SERVICES OR MATERIALS AVAILABLE THROUGH IT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS OR SERVICES AVAILABLE THROUGH THE SITE. YALE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITE OR SERVICES AVAILABLE THROUGH IT, INCLUDING USER CONTENT, OR THROUGH LINKS TO OTHER WEB SITES. YALE RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE. IF YOU RELY ON THE SITE AND ANY MATERIALS OR SERVICES AVAILABLE 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, SITE-RELATED SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
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 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 SERVICES OR MATERIALS THAT MAY BE AVAILABLE THROUGH THE SITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. YALE IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
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 ANY SERVICES OR MATERIALS AVAILABLE THROUGH THE SITE INCLUDING LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION OF THESE 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 LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES AVAILABLE THROUGH THE SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT, STATUTORY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
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.
You agree to indemnify, defend, and hold Yale and its officers, trustees, employees 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:
- your breach of the Terms;
- your violation of the Code of Conduct above; or
- your activities in connection with the Site or Site-related services
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.
You agree that any dispute arising out of or relating to the Terms or any content posted to 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 fullest extent permitted by law.