Terms of Use for OpenBU

Please note: these Terms of Use apply to documents archived and distributed at http://open.bu.edu/.  Authors seeking to understand the rights they are giving to Boston University by submitting their materials should read the Non-Exclusive Distribution License.

Terms of Use for OpenBU

Use of OpenBU (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 used in these Terms of Use, the terms “we,” “us,” and “our” refer to Boston University.

1. Copyright Protection. The Site and its text, images, graphics, information (collectively, the “Content”) are protected by copyright laws. The Content consists primarily of articles and other scholarly writings (the “OpenBU Materials “) posted at the direction of BU faculty, students and staff (the “Authors”) according to their understanding of their rights in that material. We, the Authors or others own the copyright and other 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.

2. Use of OpenBU Materials. Subject to the other provisions of these Terms of Use, you may use the OpenBU Materials for personal study, teaching, research and scholarship, in accordance with copyright fair use principles, provided in each case that:

• if you make OpenBU Materials available to others, you will retain with the article its title, the name of the author(s), a reference to these Terms of Use, and any copyright notice included on the original; and

• you may not sublicense or otherwise transfer these rights, and will only make OpenBU Materials available to others for use by them under these Terms of Use as in effect from time to time.

3. Other Content. Content on the Site other than OpenBU Materials 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 we may otherwise expressly allow, and except for the notices and other information accompanying OpenBU Materials, which you may make available when you have the right to make the related OpenBU Materials available.

4. Reserved Rights. All rights in the Site and the Content (including the OpenBU Materials) 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.

5. Permissions. 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.

6. Disclaimer of Warranties and Limitation of Liability and Remedies. The Site is provided by us on an “as is” basis. Your use of the Site and the Content is at your sole risk. We make no representations or warranties, express or implied, as to the operation of the Site, the information, content or materials included on the Site. We and our employees and contractors assume no legal liability for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed herein and do not represent that use of such information, apparatus, product or process would not infringe on privately owned rights. In no event shall we 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 Content, or your use of the Site or Content, or any third party rights in the Content, even if the Site or Content is defective or we are negligent or otherwise at fault, and regardless of whether we are advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

7. Submissions to OpenBU. We have specific requirements and procedures that apply to Authors and others who submit articles or other material to the OpenBU repository for posting on the Site, and any such submission must be made in accordance with those requirements and procedures.

8. Links to Other Sites. This Site has links to outside organizations, including some private organizations. These linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Once you link to another site, you are subject to the policies of the new site. The OpenBU repository provides outside links only as a convenience, and the inclusion of any link does not imply endorsement by us.

9. 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.

10. Copyright Complaints. We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us as provided at http://www.bu.edu/copyright/, where you will find the contact information for our designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for further information). That contact information pertains only to notifications of claimed infringement. Please direct all other communications concerning the Site to the BU Institutional Repository at dspace-admin@bu.edu.

11. Applicable Law and Jurisdiction. These Terms of Use, and the interpretation, construction and enforceability of them, and all of your and our rights and obligations relating to this subject matter, whether arising under these Terms of Use or otherwise, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its principles of conflict of laws. You agree that the sole and exclusive jurisdiction and venue for resolution of any disputes between us shall be in the state and federal courts located in Boston, Massachusetts, and you agree to submits to, and waive objection to, the jurisdiction and venue of such courts. If you choose to access the Site from locations other than Massachusetts, you will be responsible for compliance with all local laws of those other locations.

12. Change in Terms. We may change these Terms of Use from time to time without advance notice. Your use of the Site, or any of the Content provided hereunder, after any changes have been made will constitute your agreement to the modified Terms of Use and all of the changes.