Terms of Use for eScholarship@UMMS Repository

Use of the web site http://escholarship.umassmed.edu (the "Site") and its contents is subject to the following terms and conditions and all applicable laws. By using the Site or any of its Content, you accept and agree to be bound by these “Terms of Use”. If any of these Terms of Use are unacceptable to you, do not use the Site or its Content (as defined below).

The Site is maintained by the Lamar Soutter Library at the University of Massachusetts Medical School of the University of Massachusetts (“University”), in support of its mission to disseminate information and research to scholars, educators and the public.

1. Changes to Terms of Use Are Binding. University may change these Terms of Use from time to time without notice. Your use of the Site, or any of its Content licensed hereunder, after any such changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use upon each use.

2. Copyright and Other Protection. The Site including, but not limited to, the text, images, graphics, information and other content of the Site (collectively, the "Content") may be protected by patent, copyright, trademark, and/or other laws. University or others may own the rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use. Much of the Content consists of articles and other scholarly writings posted at the direction of authors (the "Posted Material"), according to their understanding of their rights in that material. You may download and use Posted Material in any manner not prohibited by copyright or other applicable law. Although University does not grant you any rights in Posted Material, authors in some cases may allow additional uses of certain Posted Material. In that event the terms applicable to the additional uses are indicated on the Site in connection with that Posted Material.

3. Fair Use and Other Lawful Uses. Nothing in these Terms of Use is intended to restrict or limit you from making uses of Posted Material that, in the absence of rights granted hereunder, would not infringe or violate anyone's copyright, trademark or other rights.

4. Other Content. Content on the Site other than Posted Material is made available only for your personal, noncommercial use. You may not retransmit, publish, distribute, display or otherwise make available any such Content to others, except as University may otherwise expressly allow, and except for the notices and other information accompanying Posted Material, which you may make available when you have the right to make the related Posted Material available.

5. Reserved Rights; Obtaining Permissions. All rights in the Site and the Content (including the Posted Material) that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with copyright and all other applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone's rights. 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. You are responsible for determining whether permission is needed to make any use of the Content that you wish to make. For permission under rights held by University, you should contact the Lamar Soutter Library at the University of Massachusetts Medical School.

6. Disclaimer of Warranties. THE SITE AND THE CONTENT ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNIVERSITY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT. UNIVERSITY MAKES NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. UNIVERSITY DOES NOT APPROVE OR ENDORSE ANY POSTED MATERIAL OR CONTENT PROVIDED BY OTHERS, INCLUDING UNIVERSITY AUTHORS. UNIVERSITY DOES NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

7. Limitations of Liability and Remedies. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL UNIVERSITY BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR ANY THIRD PARTY RIGHTS IN THE CONTENT, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR UNIVERSITY ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER UNIVERSITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnity. You agree to indemnify and hold harmless the University and its affiliates (including, without limitation, its trustees, officers, faculty, staff, employees, consultants, agents and students) from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content or your failure to comply with any provision of these Terms of Use.

9. Submissions to eScholarship@UMMS. University has additional requirements and procedures that apply to authors and others who submit articles or other material to the repository for posting on the Site, and any such submission must be made in accordance with those requirements and procedures.

10. Links to Other Sites. Links on the Site to third-party web sites are provided solely as a convenience to you. University does not approve or endorse the content of linked third-party sites, and you agree that University will have no responsibility or liability in connection with your use of any linked third-party sites.

11. Trademarks. Nothing in these Terms of Use or on the Site will be construed as granting you any right or license to use any trademarks, service marks or logos displayed on the Site. You agree not to use or register any name, logo or insignia of University or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by University.

12. Copyright and Other Complaints. If you believe your copyright has been violated on the Site, or you have other concerns about the Site or the Content, please contact the Lamar Soutter Library at the University of Massachusetts Medical School.

13. Applicable Law and Jurisdiction; Access from Outside Massachusetts. These Terms of Use are governed by, construed, and interpreted in accordance with the laws of the Commonwealth of Massachusetts irrespective of any choice of law principles that would propose or require the application of the law of another jurisdiction. The Parties agree to submit to the exclusive jurisdiction of the State Superior Courts of Suffolk County located in the Commonwealth of Massachusetts and waive any defense of forum non conveniens or inconvenient forum to the maintenance of any action or proceeding in such courts.

14. Termination. The permissions and rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless University otherwise specifically agrees in writing, but the other provisions of these Terms of Use will survive any such termination.

15. General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, non-exclusive, and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. University’s failure to act with respect to a breach by you or others does not waive University’s right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

Adapted from “Terms of Use for DASH Repository” with permission from Harvard Library Office for Scholarly Communication

Last updated October 23, 2017