1. User's Acknowledgment and Acceptance of Terms
2. Description of Services
2.2 Temporary interruptions of the services available through this Site may occur as normal events.
2.3 You understand and agree that the services available on this Site are provided "as is" and that Emory assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or submissions.
3. Open Access Scholarship
3.1 The Site and much of the text, images, graphics, information and other content of the Site (collectively, the "Content") are protected by copyright, trademark, and other laws. Content consists of theses and dissertations posted at the direction of authors according to their understanding of their rights in that material.
- Personal Study
- Research and Scholarship
- Provision of value-added services (including full-text searching, cross-referencing, and citation extraction)
4. Conduct on Site
4.2 All users of the Site shall refrain from any and all conduct that is:
- Unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic depictions or accounts of sexual acts, or otherwise violates our rules or policies; or
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
4.4 In addition, you may not use your account to breach security of Emory Theses and Dissertations or attempt to gain unauthorized access to Emory University's network or server. You shall not interfere with anyone else's use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
5. Linked Information
5.1 This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.
7. User's Materials
7.2 Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below:
Designated Agent for Claimed Infringement:Associate General Counsel
101 Administration Building
Atlanta, GA 30322
9. Limitation of Liability
9.1 Emory University makes this Site and the Content available free of charge. Your use of the Site and the Content is at your own sole risk. 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 the content, or your use of the Site or the Content is defective or we are negligent or otherwise at fault, and regardless whether we are advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
10.1 Upon a request by Emory, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
11. Use of Site and Storage of Material
11.1 The accounts of Emory Theses and Dissertations users operates on sharing resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
11.2 This Site is not designated or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although Emory takes reasonable precautions to preserve and protect the material you upload to the Site, you should not rely on the Site as your only storage facility. You should preserve backup copies of any digital data, information, or other materials that you have uploaded. You agree not to hold Emory liable for any damage to, any deletion of, or any failure to store your files, data, or Registration Data to the same extent as in section 9 of this agreement.
12. Termination of Use
12.2 Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. Emory shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Emory in connection therewith.
13. Governing Law
13.1 This Site (excluding any linked sites) is controlled by us from our offices within the State of Georgia, United States of America. It can be accessed from all fifty states, as well as from other countries around the world. As each of these places has laws that may differ from those of Georgia, by accessing this Site, both of us agree that the statutes and laws of the State of Georgia, without regard to the conflict of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site, and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Dekalb County and the United States District Court for the Northern District of Georgia with respect to such matters.
14.1 All notices to a party shall be in writing and shall be made either via e-mail or conventional mail.
15. Entire Agreement
16.2 Users agree not to sell, resell, reproduce duplicate, copy or use for any commercial purpose.