The Gallery Terms of Use

1.Use and Acceptance

This web site (the “ Gallery ”) contains information, images and/or other materials related to Carnegie Mellon University’s (“ CMU ”) Integrative Design Arts & Technology (“ IDeATe ”) Program and other programs (collectively the “ Materials ”). By viewing or using the Site, you are agreeing to these terms and conditions (“ Terms of Use ”). Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not view or use the Gallery.

2.Modifications

CMU may update, change or otherwise modify these Terms of Use from time to time without notice to you. You must review these Terms of Use each time you view or use the Gallery to make sure you still agree to them. By viewing or using the Gallery after changes have been made to these Terms of Use, you are agreeing to the modified Terms of Use.

3.Authority; No Assignment

You agree that you have the legal right and ability to agree to these Terms of Use and that you will use the Gallery and the Materials in a manner consistent with these Terms of Use. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

4.Authorized Use of Gallery

You may use the Gallery only for your own personal viewing (unless you have a Gallery Account , which permits CMU-affiliated Gallery Account holders to make additional uses of the Gallery). You may not use the Gallery for any unlawful purpose . You may not engage in any conduct that violates any applicable local, state, national or international laws (including, without limitation copyright and/or other intellectual property laws) or these Terms of Use or that restricts or inhibits any other user from using or enjoying the 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.  

6.Disclaimers

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.

CMU’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE AND/OR ANY MATERIALS IS YOUR CESSATION OF THE USE OF THE GALLERY AND/OR ANY AND ALL MATERIALS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY CERTAIN KINDS OF DAMAGES, IN SUCH STATES CMU’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

8.Indemnity

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD CMU HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF USE.

9.Severability

If a court determines that any portion of these Terms of Use is illegal or unenforceable, the remaining Terms of Use will remain in force and effect.

10.Entire Agreement; Jurisdiction and Choice of Law and Forum

These Terms of Use (including the Gallery Account provisions if you are a Gallery Account holder) constitute your entire agreement with CMU regarding the Gallery and Materials, and supersedes all prior or contemporaneous communications, whether electronic, oral or written between the user and CMU with respect to the Gallery or Materials. To the maximum extent permitted by applicable law, these Terms of Use, the Materials, and any and all claims relating thereto are governed by the laws of the Commonwealth of Pennsylvania, without regard for its conflicts of law provisions. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with CMU, its employees, contractors, officers, directors, and content providers or relating in any way to your use of the Gallery and/or the Materials resides in an appropriate federal or state court located in Allegheny County, Pennsylvania, and you further expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought relating to these Terms of Use or the Materials.

11.Links to Other Sites

The Gallery may from time to time provide links to other web sites (“ Linked Sites ”). Such Linked Sites are not under the control of CMU, and CMU is not responsible for the contents or operation of any Linked Site. The inclusion of a link does not imply endorsement by CMU. The terms of use of Linked Sites may differ from these Terms of Use.  

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.

By making a Submission, I hereby agree to all Gallery Account provisions (in addition to the general Terms of Use for the Gallery) for myself and on behalf of the members of my Group.