Terms of Use

General: Scholar@UC is maintained by the University of Cincinnati in support of our mission to disseminate information and research to scholars, educators and the public. As used in these Terms of Use, the terms “University,” “we, “us,” and “our” refer to the University of Cincinnati. Use of Scholar@UC (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 and all applicable laws. If any of these Terms of Use are unacceptable to you, do not use the Site.

Changes to Terms of Use Are Binding: These Terms of Use are effective as of 03-23-2015. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

Copyright and Use of Scholar@UC Content: Scholar@UC includes text, images, graphics, information, articles, multi-media objects, scholarly projects and other works protected by copyright, trademark and other laws (“Content”). Some of the Content on this site may include materials from older published works that have passed into the “public domain” under U.S. copyright law. Where such information is known, it is included specifically in the metadata associated with each item of Content. However, the Site itself and most of the materials held as Content on the Site are protected by copyright and other laws. These materials have been deposited to enable teaching, research, and other non-profit educational activities. Unless otherwise specified in the metadata attached to an item of Content, you may use the Site and the Content only for non-commercial, research, educational, or related academic purposes. Further, you are solely responsible for the copyright or other legal concerns that might affect your use of Scholar@UC content and to assume personal responsibility for your uses of Content.

Scholar@UC Access Levels: Scholar@UC often makes its Content available to the general public. However, some of the Content on this Site may have been made available only to University community users or other user subgroups by the depositor. Such Content cannot be used, downloaded, or distributed outside the University community (or subgroup identified) without the specific permission of the depositor.

Use of Scholar@UC Site and Content: Unless otherwise specified in the metadata attached to an item, Content that has been made accessible to the general public may be used for non-commercial, research, educational, or related academic purposes only. Such uses include personal study, distribution to students, research and scholarship (including computational research uses such as data and text-mining, citation-extraction, or cross-referencing) as long as you do not sell the Content or sell advertising on any page on which the Content is displayed. If you make an item of Content available to others, you shall do so in accordance with the terms of the rights granted pursuant to the particular item of Content, or at a minimum, you will retain with the Content its title, the name of the author(s), a reference to these Terms of Use, any copyright notice included on the original, and any metadata associated with the original. You may not use a facsimile of the published version of an article that may be posted in Scholar@UC under these open access terms, unless the publisher so permits. You will not make any translation, adaptation or other derivative work of an item of Content except as authorized under U.S. law. You may not sublicense or otherwise transfer your rights in an item of Content, unless specifically authorized by the copyright license granted to the item of Content and will only make Content available to others for use by them under these Terms of Use. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites. 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.

Fair Use and Other Lawful Uses: Nothing in these Terms of Use is intended to restrict or limit you from making uses of Content that, in the absence of rights granted hereunder, would not infringe or violate anyone's copyright, trademark or other rights. To the extent permitted by law, adaptation of Scholar@UC Content to enable use and access by persons with disabilities is encouraged.

Reserved Rights; Obtaining Permissions: All rights in the Site and the Content 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.

Disclaimer of Warranties: ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF HARMFUL MATERIALS OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WE DO NOT APPROVE OR ENDORSE ANY POSTED MATERIAL OR CONTENT PROVIDED BY OTHERS, INCLUDING THE UNIVERSITY OF CINCINNATI AUTHORS.

Limitations of Liability and Remedies: WE MAKE THE 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, 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 WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Privacy: The University of Cincinnati makes use of Google Analytics in Scholar@UC. Data collected by Google Analytics includes information about the device, operating system, and browser you use to access Scholar@UC; how often and for how long you visit a page; and your general geographic location. The University of Cincinnati uses this information to make improvements to the application. You may opt-out of Google Analytics tracking by visiting this webpage: http://tools.google.com/dlpage/gaoptout. For more information on Google Analytics, please visit https://www.google.com/analytics/.

Indemnity: You agree to indemnify and hold harmless the University of Cincinnati and its trustees, officers, students, employees and agents, 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.

Applicable Law and Jurisdiction: These Terms of Use, and any claim or dispute that arises from or relates to your use of the Site or the Content, will be governed by the laws of Ohio, without regard to its conflicts of laws and principles. You agree that all such claims and disputes will be heard and resolved exclusively in the state’s courts having jurisdiction over the subject matter and the parties. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Termination: The permissions granted to you will terminate automatically upon any breach by you of these Terms of Use. Additionally, the University reserves the right, in its sole discretion, to remove any Scholar@UC content for any reason consistent with the academic freedom principles outlined in the Collective Bargaining Agreement between the University of Cincinnati and American Association of University Professors University of Cincinnati Chapter (Article 2 and Article 3). Scholar@UC also recognizes the University of Cincinnati’s existing Copyright (University Rule 3361:10-19-02) and Patent (University Rule 3361:10-19-01) policies.

If we take down or otherwise cease to make a work available as an item of Content, the permission granted to you hereunder to use that Content thereafter will terminate at that time. Scholar@UC is maintained as a scholarly and educational resource by the University which may be modified or terminated by the University in its sole discretion. Scholar@UC sponsors will develop a succession plan for continued access and preservation of deposited content in the event of any termination of operation of Scholar@UC.

Scholar@UC is in compliance with the University of Cincinnati Data Protection Policy, Policy 9.1.1. By using this service all users agree to adhere to all applicable University of Cincinnati computing policies and guidelines, including but not limited to the Use of Information Technology policy.

Terms of Use
Scholar@UC

Approved by the Office of General Counsel, 03-23-2015