GENERAL TERMS
PROPRIETARY RIGHTS
The OSSP (including The
OSSP and The Open Source
Science Project logos),
and all related logos
including, but not
limited to, The HBP and
The Human Brain Project
logos, The HWP and The
Human World Project
logos, and The NWP and
The Natural World
Project logos
(collectively "The OSSP
Trademarks") are
trademarks or service
marks of The OSSP.
Other company, product,
and service names and
logos used and displayed
on the Website may be
trademarks or service
marks owned by The OSSP
or others. Nothing
on the Website should
be construed as
granting, by
implication, estoppel,
or otherwise, any
license or right to use
The OSSP Trademarks
without the receipt of
expressed written
permission from The OSSP
prior to each instance.
The OSSP prohibits the
use of any of its
trademarks as part of a
link to or from any site
unless establishment of
such a link is approved
in writing by The OSSP
in advance. Any
questions concerning any
such trademarks, or
whether any mark or logo
is a trademark of The
OSSP, should be referred
directly to The OSSP.
You acknowledge
that The OSSP owns all right, title and interest
in and to the Website, including all
intellectual property rights (the "The OSSP
Rights"). The OSSP Rights are protected by
U.S. and international intellectual property
laws. Accordingly, you agree that you will
not copy, reproduce, alter, modify, or create
derivative works from the Website. You
also agree that you will not use any robot,
spider, other automated device, or manual
process to monitor or copy any content from the
Website. As described immediately below,
The OSSP Rights do not include third-party
content (including content generated by users -
"User-Content") used
as part of the Website, including the content of
communications appearing on the Service.
The OSSP claims no ownership or
control over any Content submitted, posted or displayed by you on or
through the Website. You or a third-party licensor, as
appropriate, retain all patent, trademark and copyright to any Content
you submit, post or display on or through the Website and you are
responsible for protecting those rights as appropriate. By
submitting, posting or displaying Content on or through the Website
which are intended to be available to the members of the public, you
grant The OSSP a worldwide, non-exclusive, royalty-free license to
reproduce, publish and distribute such Content on the Website. The
OSSP furthermore reserves the right to refuse to accept, post, display
or transmit any Content in its sole discretion.
You represent and warrant that you have
all the rights, power and authority necessary to grant the rights
granted herein to any Content submitted.
You may choose to submit, post, and
display any materials on or through the Website under a public license
(e.g. a Creative Commons license), whether by manually marking your
materials as such or using The OSSP service tools to do so. For
avoidance of doubt, The OSSP is not a party to any such public license
between you and any third party. Also, for avoidance of doubt, The
OSSP may choose to exercise the rights granted under (a) the public
license or licenses, if any, you apply to your materials or (b) this
Agreement.
You acknowledge, consent
and agree that The OSSP
may, at its sole
discretion and to the
extent permitted by law,
access, read, preserve
and disclose your
account information,
usage history and
submitted content in
order to (a) comply with
any applicable law,
regulation, legal
process, or governmental
request, (b) respond to
claims that any content
violates the rights of
third parties, including
intellectual property
rights, (c) enforce this
agreement and
investigate potential
violations thereof, (d)
detect, prevent, or
otherwise address fraud,
security, or technical
issues, (e) respond to
your requests for
customer service, or (f)
protect the rights,
property, or personal
safety of The OSSP, its
Users, or the public.
DIGITAL MILLENNIUM
COPYRIGHT ACT
If you are a
copyright owner or an agent thereof and believe
that any Content infringes upon your copyrights,
you may submit a notification pursuant to the
Digital Millennium Copyright Act ("DMCA") by
providing our Administrative department with the
following information in writing (see 17 U.S.C.
512(c)(3) for further detail):
-
A physical or electronic
signature of a 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 at a single online site are
covered by a single notification, a representative list of
such works at the site
-
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 the service provider to locate the
material
-
Information reasonably
sufficient to permit the service provider to contact you,
such as an address, telephone number, and, if available, an
electronic mail address
-
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
-
A statement that the
information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf
of the owner of an exclusive right that is allegedly
infringed.
Send all notifications of claimed
infringements to:
The Open Source Science Project
Attn: Copyright Administrator
P.O. Box 251626
West Bloomfield, MI 48325
United States of America
Only DMCA requests should be
submitted to this address, and you acknowledge that if you fail
to comply with all of the requirements within this section, your
DMCA notice may not be valid.
Conversely, if you believe that
User-Content
was removed from the Website without proper reason,
please send a written appeal to the address posted above
containing (1) the full text of the User-Content in question,
(2) the source(s) from where it was derived (if such a source
exists), and (3) a written statement declaring that you are
authorized to publish this information via the Website
ACCEPTABLE USE
You agree that
you are responsible for your own use of the
Website, for any User-Content which you publish
therein, and for any
consequences thereof. You agree that you
will use the Website in compliance with all
applicable local, state, national, and
international laws, rules and regulations,
including any laws regarding the transmission of
technical data exported from your country of
residence and all United States export control
laws.
You agree to abide by the Content Policy
and the rules and restrictions therein. Although we may attempt to
notify you when major changes are made to the Content Policy, you should
periodically review the most up-to-date version. The OSSP may, in
its sole discretion, modify or revise the Content Policy at any time,
and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing,
including the Content Policy, may result in immediate termination of
this Agreement, and may subject you to state and federal penalties and
other legal consequences. The OSSP reserves the right, but shall
have no obligation, to investigate your use of the Website in order to
(a) determine whether a violation of the Agreement has occurred or (b)
comply with any applicable law, regulation, legal process or
governmental request.
Much of the content available through the
Website is provided by and is the responsibility of the person or
persons who made such postings. The OSSP does not monitor this
User-Content, and takes no responsibility for such User-Content. Instead,
The OSSP merely provides such User-Content as a service to you.
The User-Content available through the
Website may carry offensive, harmful, inaccurate
or otherwise inappropriate material, or in some cases, postings that
have been mislabeled or are otherwise deceptive. We expect that
you will use caution and common sense and exercise proper judgment when
using the Website. Although The OSSP assumes no obligation to
monitor the conduct of any User of the Website, it is a violation of
this agreement to use any information obtained from the Website in
order to harass, abuse, or harm another person, or in other to contact,
advertise to, solicit, or sell to any User without their prior
expressed, and explicit, consent.
The OSSP does not endorse, support,
represent or guarantee the truthfulness, accuracy, or reliability of any
User-Content or endorse
any opinions expressed therein. You acknowledge that any reliance
on User-Content will be at your
own risk.
-
You agree not to distribute,
in any medium, any portion of the Website - including, but
not limited to, User-Content (e.g. Research Log Entries,
Comments), without prior written authorization from The
OSSP.
-
You agree not to alter or
modify any part of the Website and its related technologies.
-
You agree not to access
Content through any technology other than the pages provided
in the Website.
-
You agree not to use the
Website, including all Content, for any commercial use
without prior written authorization from The OSSP.
Prohibited uses include (a) the use of the Website or its
Content for the primary purpose of gaining advertising or
subscription revenue, (b) the sale of advertising on the
Website, or any third-party web site, targeted to the
content of specific Content presented through the Website,
(c) the sale of access to the Website and its Content via
another web site, and (d) any use of the Website and its
Content that The OSSP finds in its sole discretion, to use
The OSSP's resources or Content with the effect of competing
with, or displacing the market, for The OSSP and its
Content, taken without expressed approval from The OSSP.
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If you include Content, or
other material derived from the Website, you must include a
prominent link to the Website on any and all pages
containing such Content.
-
You agree not to use or
launch any automated system, including without limitations,
"robots", "spiders", or "offline readers", that access the
Website in a manner that submits more Content to The OSSP
servers within a given period of time than a human can
reasonably produce in the same period by using a
conventional on-line web browser. Notwithstanding the
foregoing, The OSSP grants the operators of public search
engines permission to use spiders to copy materials from the
website for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices
of the materials, but not caches or archives of such
materials. The OSSP reserves the right to revoke these
exceptions either generally or in specific cases.
-
You agree not to harvest or
collect any personally identifiable information, including
account names, from the Website, nor to use the
communication systems provided by the Website for any
commercial solicitation purposes. You agree not to
solicit, for commercial purposes, any users of the Website
with respect to their submitted Content.
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The OSSP reserves the right
to discontinue any aspect of the Website at any time.
DISCLAIMER
The OSSP is not
responsible, and shall have no liability, for
any incorrect or inaccurate content posted on
the Website or any liability, cost or expense
you may incur in connection with your use of the
Website, whether caused by a User or by any of
the equipment or programming associated with or
utilized in the Website. The OSSP is not
responsible for the conduct, whether online or
offline, of any User. The OSSP assumes no
responsibility for any error, omission,
interruption, deletion, defect, delay in
operation or transmission, communications line
failure, theft or destruction or unauthorized
access to, or alteration of, any communications.
Under no circumstances will The OSSP be
responsible for any loss or damage, including
personal injury or death, resulting from any use
of the Website,
any Content posted on the Website or
transmitted to, or any interactions between, and
Users, whether online or offline. The OSSP
neither represents, warrants, guarantees, nor
promises any specific results from use of the
Website or platform.
the Website, INCLUDING ANY
CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR
ADVICE PROVIDED IN CONNECTION WITH THE WEBSITE, IS PROVIDED "AS
IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
The OSSP makes no representation
or warranty, express or implied, with respect to any Third-Party
Content
LIMITATION OF LIABILITY
You understand
that any and all decisions made by you with
respect to the Website are yours alone.
The OSSP cannot and does not verify the accuracy
of information from third-party links or Users.
The OSSP shall not be responsible or have any
duty or obligation to, or liability for (a)
decisions or interactions resulting (directly or
indirectly) from participation in the Website,
or (b) any damages, costs, losses or expenses
incurred as a result (directly or indirectly) of
utilizing the Website or its Content. In
addition, in no event will The OSSP be liable to
you or any third person for any damages, costs,
losses, or expenses, including any lost capital,
lost profits or special, incidental,
consequential or punitive damages arising from
your use of the Website, even if The OSSP has been advised
of the possibility of such damages, costs,
losses or expenses.
Due to the nature of scientific
research and the imperfect methods by which it is acquired, by
default, the practical application of any information contained
within the Website is considered "risky".
DISPUTES BETWEEN PARTIES
You are solely
responsible for your interaction with any other
User (even to the extent prohibited hereby) and
any disputes that may result from such
interactions. The OSSP reserves the right,
but has no obligation, to monitor disputes
between you and such persons.
GOVERNING LAW; RESOLUTION OF
DISPUTES; ARBITRATION AND WAIVERS
If there is any
dispute about or involving The OSSP, the Website, and/or its Content, by
using the Website, you agree that the dispute
will be governed by the laws of the State of
Michigan without regard to its conflict of law
provisions. You agree to personal
jurisdiction by and venue in the state and
federal courts located in Oakland County,
Michigan.
TO THE EXTENT PERMITTED BY
APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING
ARBITRATION, YOU AND THE OSSP HEREBY WAIVE YOUR RIGHT TO A JURY
OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR
BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN,
INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS,
EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent
not prohibited by law, any right you may have to claim or
recover, in any legal action or proceeding, any special,
exemplary, punitive or consequential damages.
INDEMNITY
You agree to
indemnify and hold The OSSP harmless from any
loss, liability, claim, or demand, including
reasonable attorney's fees, made or incurred by
any third party due to or arising (directly or
indirectly) out of your use of the Website or arising from a
breach of this Agreement.
TERM:
TERMINATION
This Agreement
will remain in full force and effect while you
use the Website as a User, and notwithstanding anything herein to the
contrary, this Agreement will remain in effect
after your
status as a User is terminated. Whether or
not you are and remain eligible to use the
Website may be determined by The OSSP in
its sole and absolute discretion. You may
terminate your participation and status as a
User at any time and for any reason by sending a
written notice of termination to The OSSP, such
notice to be effective within 3 days of receipt
by The OSSP. The OSSP may also terminate
your status as a User at any time and for
any reason, effective upon transmission of
notice to you at the email address you provide
to The OSSP. If your status as a User is terminated by
The OSSP, you agree not to use the Website any
further.
ENTIRE AGREEMENT:
SEVERABILITY
This Agreement,
accepted upon use of the Website and further
affirmed by becoming a User, contains the entire
agreement between you and The OSSP regarding the
use of the Website. If any
provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in
full force and effect.
Please contact us at
faq@theopensourcescienceproject.com with any questions
regarding this agreement.
PRECEDENCE OF ENGLISH TERMS
This Agreement is not to be
modified. If there is any inconsistency
between this Agreement and any translation into
other languages, the English language Agreement
takes precedence.
ADDITIONAL TERMS: RESEARCH-BASED CURRICULA
RE-USE OF TEXT
You can re-use content from The OSSP
Lectures freely, with the exception of content that is used under "fair
use" exemptions, or similar exemptions of copyright law. Please
follow the guidelines below:
-
ATTRIBUTION
To re-distribute a text
page in any form,
provide credit to the
authors either by
including (a) a
hyperlink or URL to the
page or pages you are
re-using, (b) a
hyperlink or URL to an
alternative, stable
online copy which is
freely accessible, which
conforms with the
license, and which
provides credit to the
authors in a manner
equivalent to the credit
given on the Website, or
(c) a list of all
authors. This
applies to
User-generated text.
Text from external
sources may attach
additional attribution
requirements to the
re-use of text.
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COPYLEFT/SHARE ALIKE
If you make
modifications or
additions to the text
you re-use, you must
license them under the
Creative Commons
Attribution-Share-Alike
License 3.0 or later.
-
INDICATE CHANGES
If you make
modifications or
additions to the text
you re-use, you must
indicate in a reasonable
fashion that the
original work has been
modified.
-
LICENSING NOTICE
Each copy or modified
version that you
distribute must include
a licensing notice
stating that the work is
released under CC-BY-SA
and either (a) a
hyperlink or URL to the
text of the license, or
(c) a copy of the
license. For this
purpose, a suitable URL
is:
http://creativecommons.org/licenses/by-sa/3.0/
For further information, please refer to
the legal code of the CC-BY-SA License:
http://creativecommons.org/licenses/by-sa/3.0/legalcode
ADDITIONAL AVAILABILITY UNDER THE GNU
FREE DOCUMENTATION LICENSE
For compatibility reasons, any
page which does not incorporate text that is
exclusively available under CC-BY-SA or a
CC-BY-SA-compatible license is also available
under the terms of the
GNU Free Documentation License. In
order to determine whether a page is available
under the GFDL, review the page footer for
attribution of single-licensed content that is
not GFDL-compatible.
RE-USE OF NON-TEXT MEDIA
Where not otherwise noted,
non-text media files are available under various
free culture licenses
as recognized by
the
Definition of Free Cultural Works.
