OPEN RESEARCH OKLAHOMA - TERMS OF USE

Use and Acceptance. These terms of use (“Terms of Use”) govern your access to and/or use of Oklahoma State University’s institutional repository, Open Research Oklahoma (the “Repository”), along with any and all articles, presentations, posters, papers, data, computer code, images, sounds, and any other kind of materials or information of any kind made available on or through the Repository (collectively, the “Materials”). By accessing and/or using the Repository and/or any Materials (collectively, the “Services”), including, but not limited to, by making deposits to the Repository, you agree to comply with these Terms of Use.

  1. Modifications. Oklahoma State University may modify these Terms of Use from time to time without notice to you. Any modifications to the Terms of Use shall become effective immediately upon posting. By making use of the Repository after such modification, you are agreeing to the modified Terms of Use then in effect.
  2. Authorized Uses of the Repository. You may access and use the Services solely for your personal, non-commercial, educational purposes consistent with any and all applicable laws and with these Terms of Use. However, with respect to any Materials you access through the Repository, your access and use of such Materials are subject to the specific license terms under which such Materials were deposited.
  3. Use of Third-Party Providers and Services. Oklahoma State University may use certain third-party service providers (collectively “Third Party Providers”) to support portions of the Services. Such Third-Party Providers include, but are not necessarily limited to, the provider of the platform service for the Repository (the “Platform Provider”). You acknowledge and agree that Oklahoma State University’s ability to provide and make available the Services is subject to and contingent upon Open Research Oklahoma receiving the relevant services from the Third-Party Providers.
  4. Operation Rules. You may not: (i) interfere or attempt to interfere with the proper operation of the Repository or platform service; (ii) attempt to gain or encourage others to gain unauthorized access to the Repository or the platform service; (iii) sell, lease, license, assign, transfer, distribute or otherwise charge or encumber or commercially exploit the Repository, the platform service, or any part thereof, except as expressly permitted; (iv) misuse the Repository (including by hacking or by knowingly or negligently introducing viruses); or use the Repository in breach of applicable law.
  5. Non-Endorsement. The Repository hosts content from a number of authors. You acknowledge that the statements and views of these authors are theirs alone, and do not reflect the stances or policies of Oklahoma State University, participating institutions, or their sponsors, nor does their posting imply the endorsement of participating institutions or their sponsors.
  6. No Warranties; Release and Indemnification. NEITHER OKLAHOMA STATE UNIVERSITY NOR ANY THIRD-PARTY PROVIDER MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPREHENSIVENESS, ERROR-FREE AND/OR VIRUS-FREE OPERATION, OR CONTINUED AVAILABILITY OF THE MATERIALS AND SERVICES. THE MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OKLAHOMA STATE UNIVERSITY AND ITS THIRD-PARTY PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE MATERIALS AND SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER OKLAHOMA STATE UNIVERSITY NOR ITS THIRD-PARTY PROVIDERS GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE MATERIALS AND SERVICES, AND MATERIALS AND SERVICES MAY BE UNAVAILABLE FOR VARIOUS REASONS (INCLUDING BUT NOT LIMITED TO AS A RESULT OF MAINTENANCE SERVICES BY OKLAHOMA STATE UNIVERSITY AND/OR ITS THIRD-PARTY PROVIDERS). YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS OKLAHOMA STATE UNIVERSITY AND THE BOARD OF REGENTS FOR THE OKLAHOMA AGRICULTURAL AND MECHANICAL COLLEGES, PARTICIPATING INSTITUTIONS, AND ITS THIRD-PARTY PROVIDERS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OKLAHOMA STATE UNIVERSITY, THE BOARD OF REGENTS FOR THE OKLAHOMA AGRICULTURAL AND MECHANICAL COLLEGES, OR PARTICIPATING INSTITUTIONS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE MATERIALS, OR (3) FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH MATERIALS.
  7. Termination or Suspension of Your Access and/or the Services. Oklahoma State University may terminate or suspend your account and/or access to the Services at any time. Reasons for such termination shall include, but not be limited to: (i) violations of these Terms of Use (including but not limited to violations of any terms or other agreements incorporated by reference into these Terms of Use); (ii) requests by you (e.g. self-initiated account deletions); (iii) discontinuance of and/or material modification to the Services, including but not limited to any termination or suspension of services from Third Party Provider; (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; and/or (vi) requests by law enforcement or other government agencies. In addition, Oklahoma State University’s Platform Provider or other Third Party Provider may, from time to time in its reasonable discretion, suspend or withdraw your access rights to the Services. You may request termination of your account by providing notice to libraryhelp@okstate.edu.
  8. Removal of Materials. If Oklahoma State University determines that these Terms of Use have been violated, it may limit or remove access to the deposited Material in question, and may leave descriptive metadata and a notice to explain the reason for the removal.
  9. Trademarks, Copyright, & Proprietary Information. The Materials and Services contain trademarks and copyrighted material owned by the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges or participating institutions, its Third Party Providers, and/or any provider or author of Materials; you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer, or distribute such materials without written permission from the applicable owner. You agree to comply with any applicable license terms under which the Materials were deposited or otherwise made available through the Repository. For purposes of clarification, this prohibition does not prohibit use of any Materials in the public domain.
  10. Confidentiality and Protection of Access Credentials. You may be given (or required to create) certain usernames and/or passwords to access some or all of the Services, which could include but is not limited to accounts created under a deposit agreement (the “Access Details”). You agree to keep Access Details secret and take all reasonable precautions to prevent unauthorized or fraudulent use of them and not disclose or share your Access Details with any third party without the prior written consent of Oklahoma State University (and the consent of Oklahoma State University’s Third Party Providers, to the extent your Access Details enable access to the platform service or other Third Party Provider). You agree to notify Oklahoma State University immediately if you become aware of any unauthorized use or disclosure of your Access Details.
  11. Digital Millennium Copyright Act. If you find content hosted in this Repository that infringes your copyright or otherwise violates the law, you can send notification to libraryhelp@okstate.edu. Copyright notifications must comply with the requirements of Section 512(C)(3) of the Digital Millennium Copyright Act (“DMCA”). Note that only the copyright owner or authorized representative of the copyright owner can file a DMCA Infringement Notice on the copyright owner’s behalf. You can be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.
  12. Miscellaneous. These Terms of Use constitute your entire understanding with Oklahoma State University regarding your use of and access to the Services. If any such terms are declared illegal or unenforceable, the remaining terms will remain in full force and effect. Oklahoma State University’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. Any claims relating to these Terms of Use are governed by the laws of the State of Oklahoma without regard to its conflicts of law provisions, and by using the Services, you consent to personal jurisdiction in the federal and state courts serving Payne County, Oklahoma as the exclusive legal forum for any claims of any kind relating to the Services and/or the Terms of Use. The Services are not provided to, and may not be used by, any person or entity in any jurisdiction in violation of applicable laws, rules, or regulations. Therefore, the Services may not be available to all persons or entities in all jurisdictions.

*Adapted from Iowa State University with permission