1.Use and Acceptance
3.Authority; No Assignment
4.Authorized Use of Gallery
5.Copyrights and Trademarks
The Gallery and the Materials may contain copyrighted works, trademarks and/or other proprietary material owned by CMU or third parties. Except as otherwise stated herein, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute Material from the Gallery without written permission from CMU or the applicable third party copyright owners. You may not modify, alter, revise, paraphrase, omit, or change any Materials on or from the Gallery without written permission of CMU or the applicable third party copyright owners. You may not create derivative works, based in whole or in part upon the Materials on the Gallery except as expressly authorized. You may not modify, amend, re- size of or in any way obliterate any warning, notice, liability limitation, or other license provision in Materials on the Gallery provided by CMU for itself or other content providers.
Nothing contained on the Gallery or in the Materials should be construed as granting, by implication, estoppel or otherwise, any license or right in and to CMU trademarks or copyrighted material of CMU or any third party without the express written permission of the applicable party.
CMU makes NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, OR COMPREHENSIVENESS OF ANY INFORMATION OR MATERIALS ON THE GALLERY. THE INFORMATION AND MATERIALS ON THE GALLERY ARE PROVIDED ON AN “ AS IS” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CMU DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION AND MATERIALS ON THE GALLERY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CMU DOES NOT GUARANTEE UNINTERRUPTED OR SECURE ACCESS TO THE GALLERY OR THE MATERIALS. CMU CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT any MATERIALS WILL BE FREE FROM INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS CMU FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
7.Limitation of Liability
BY ACCESSING AND USING THE GALLERY AND/OR ANY MATERIALS, YOU AGREE TO HOLD HARMLESS AND WAIVE ANY AND ALL CLAIMS AGAINST CMU REGARDING THE MATERIALS PROVIDED ON THE GALLERY AND ANY USE BY YOU OF SUCH MATERIALS. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CMU BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THE GALLERY or any MATERIALS (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH MATERIALS, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH MATERIALS; OR (3) ANY OTHER MATTER RELATING TO THE MATERIALS OR DISTRIBUTION OF MATERIALS THROUGH THE GALLERY. CMU SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY MATERIALS OBTAINED THROUGH THE GALLERY.
10.Entire Agreement; Jurisdiction and Choice of Law and Forum
11.Links to Other Sites
12. Gallery Account
You must be affiliated with CMU to have a Gallery Account .
Gallery Account holders may use the Gallery for non-commercial educational purposes such as creating, developing, displaying, critiquing, managing, collaborating on, and documenting original projects, coursework and other materials related to participation in CMU-related courses and projects. The following terms and conditions apply to Gallery Account holders:
“ Submissions ” are any individual or group projects, coursework or other materials submitted by Gallery Account holders.
“ Third-Party Materials ” are materials such as images, photos, drawings, music, text, code, etc. that were not created by you. If your Submissions include or incorporate Third-Party Materials, you must have appropriate permissions from the owners of the Third-Party Materials to submit them to and display them on the Gallery.
Viewing Level Options - When you make Submissions to the Gallery, the “Settings and Access” option you select governs who may view your Submissions. There are five viewing levels; by selecting a level, you agree to the degree of viewing access associated with that level. Additionally, if you select the “Public Viewing” option, you agree to grant CMU a license to use your Submissions (as explained further under “ CMU License ” below).
(1) Group Viewing – Only members your project group can view your Submissions;
(2) Pool Viewing – Only members of your pool can view your Submissions;
(3) Gallery Viewing – All Gallery Account holders can view your Submissions.
(4 ) Link Access Viewing – Anyone with a link can view your Submissions. You understand that if you choose this viewing level, your link could be shared by the initial recipient(s) with other individuals and/or with the general public (i.e., anyone with access to the Internet).
(5) Public Viewing – The general public (i.e., anyone with access to the Internet) can view your Submissions. If you select the Public Viewing option, you are required to grant CMU a license to use your Submissions, as follows:
CMU License – You grant CMU a limited, perpetual, irrevocable, world-wide, non-exclusive, royalty-free right and license to display and use all or any part of your Submissions, including any incorporated Third-Party Materials, for CMU’s educational and promotional purposes, in any manner or medium. If Third-Party Materials are incorporated into the Submissions, you warrant and represent that you have obtained any necessary permissions from the owners of the Third-Party Materials to allow you to grant this license to CMU.
Explanation of CMU License - This license means that CMU may use all or part of your Submissions in any medium (e.g., on web sites, social media, printed brochures) without further permission from you for CMU’s educational or promotional purposes (i.e., not for commercial purposes). You warrant that you have appropriate permissions to use any Third-Party Materials incorporated into your Submissions .
You retain individual and/or joint ownership rights you have in and to the Submissions, and you may use the Submissions as you wish consistent with your ownership rights. You may grant parties other than CMU rights to use your Submissions, but you will not be able to grant any other party an exclusive right to use your Submissions because you have already granted CMU a limited but irrevocable right to use them.
Group Submissions –If you are making a Submission on behalf of a Group, you must have permissions from all the members in your Group to make the Submission at the chosen viewing access level and must agree to the following:
___ I am the Project Administrator and I have discussed the Project Submission with the other members of my Group and have their permission to submit the Project.
___ I have listed all current members of my Group and I will update the information about Group members as needed, for instance, if new individuals make contributions to the Project, I will add their names to the list.
___ I warrant and represent, on behalf of myself and the members of my Group, that the entire Project, (including any photographs, images, music, animation, sounds, audiovisual or other recordings and/or other similar materials incorporated into the Project (the “ Incorporated Third Party Materials ”)) is the Group’s original work, or, if not the Group’s original work, that the Group has obtained all the license rights and/or permissions necessary to allow the group to: (i) upload the Project to the Gallery; (ii) grant the selected viewing access level; and; (iii) if the Public Viewing option is chosen, grant CMU a license to use the Project for CMU’s educational and promotional purposes.
___ I and all the members of my Project Group are 18 years of age or older and have the capacity to grant the rights herein to CMU. There are no contractual or other obligations that would preclude, or conflict with, granting of these rights to CMU (for example, sponsored research or funding agreements, licenses for Incorporated Materials, or pre-existing publishing or performance contracts that are applicable to the Project or any of its Incorporated Third Party Materials).
The Group chooses the following viewing option for the Project:
___ Private Viewing – Only Group members can view the Project.
___ CMU Viewing – Only people with a current valid Andrew ID account (including, but not limited to, CMU faculty, staff, students, alumni, and visitors) can view the Project.
___ Link Access Viewing – Anyone who has a link can view the Project, with the understanding that the initial link recipient(s) may share the links with other individuals or the general public (i.e., anyone with Internet access).
___ Public Viewing – The general public (i.e., anyone with Internet access) can view the Project. By choosing the Public option, I hereby, on behalf of myself and the members of my Group, grant CMU a perpetual, irrevocable, world-wide, non-exclusive, royalty-free right and license to use the Project (or any portion of the Project, including the Incorporated Materials) in any manner and medium for CMU’s educational and promotional purposes.