DRAPIer Terms of Agreement
The Acceptable Use Policy (AUP) details the agreement between you and the Digital Humanities Observatory (DHO) and lays out the requirements for your use of the DHO portal and all associated websites accessible through the DHO user account including but not limited to the DHO Forums, DHO Repository, and DRAPIer.
Please read these terms for use carefully as they describe your rights and responsibilities.
The AUP and the relationship between you and the DHO shall be governed by the laws of the Republic of Ireland, without regard to its conflict of law provisions.
You and the DHO agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Ireland.
The DHO's failure to enforce any part of the AUP will not waive the DHO's ability to enforce it, and any waiver with regard to a specific instance shall not constitute a waiver of any other breaches of the AUP, even with regard to the same user.
If any provision of the AUP is held to be illegal, invalid or unenforceable, this will not affect any other provisions which will remain in full force and effect. The AUP will be deemed amended to the extent necessary to make it legal, valid, and enforceable. Further, if any provision of the AUP is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, you agree that the court should give effect to the parties' intentions as reflected in the provision.
By creating a DHO portal account, you state that you agree to comply with the AUP and are over 13 years of age. As part of your registration, you agree to provide an accurate and current e-mail address and to update the address as necessary. If your e-mail address is inaccurate or not current, the DHO may suspend your account.
2. Modifications to Policy
This policy may be updated at any time at the discretion of the DHO and without prior warning or consultation of the accounts holders. Account holders will be made aware of any material changes via a posting on the DHO forum.
3. Ownership of Intellectual Property
We claim no ownership or control over any content that you post to the Website. You retain any intellectual property rights to the content you post, in accordance with applicable law. By posting content, you represent that you have the rights to reproduce that content (and the right to allow us to serve such content) without violation of the rights of any third party. You agree that you will bear any liability resulting from the posting of any content that you do not have the rights to post.
All content posted to the Website in any way is the responsibility of the owner. Within the confines of international and local law, if content is deemed illegal by any law having jurisdiction over you, you agree that we may submit any necessary information to the proper authorities.
By submitting content to us for inclusion on the DHO portal and all associated webpages, you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish said content, solely for the purpose of displaying, distributing and promoting the contents of your account, including through downloadable clients and external feeds.
If you delete content you have published on the site, we will use reasonable efforts to remove it, but you acknowledge that caching or references to the content may not be made immediately unavailable.
You will not use the site to make available any unsolicited or unauthorized advertising (defined as solicitations for direct or indirect commercial advantage), junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or hardware or telecommunications equipment.
5. Rules of Conduct
You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
Be libelous, defamatory*, indecent*, vulgar or obscene*, pornographic*, sexually explicit* or sexually suggestive*, blasphemous*, racially*, culturally*, or ethnically offensive*, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else.
Nor material which could affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site.
Users will not transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information
* Exceptions may be made in the case of material that is a legitimate historical source directly related to ongoing research under discussion.
6. User-Added Content
You understand that the DHO does not prescreen user-added content or review it for purposes of compliance with the AUP. This includes but is not limited to the information submitted to the DRAPIer database or the DHO Forums. Content is the sole responsibility of the people who submitted it.
You recognize that the DHO and Royal Irish Academy (RIA) does not endorse any user-created content in any way, except when material appears as an official statement of the DHO. Comments and opinions made by the DHO staff are to be taken as belonging to the person concerned unless they specifically indicate that they are speaking on behalf of the DHO.
We reserve the right to monitor, edit or screen any content. If we determine, in our sole discretion and judgment, that any content does or may violate any of the terms of the AUP, we reserve the right, at any time and without limiting any and all other rights we may have under the AUP, at law or in equity, to: (a) refuse to allow you to publish that content; (b) remove and delete extant content; (c) revoke your right to use the DHO portal; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this AUP, including, without limitation, blocking specific IP addresses or deleting your DHO account.
The forums are provided as a service by the DHO as a place for users with an interest in the humanities, computer science, digital humanities and other cross-disciplinary studies to interact.
You understand that by using the forums you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk.
The DRAPIer database contains a record of digital humanities projects submitted and maintained by their owners. The DHO reserves the right to not approve any projects that do not fit within the criteria laid down for the database.
By submitting a project to the database you agree to maintain the information in an accurate and suitable condition. You also agree to be contacted twice annually via email at the contact address provided by you to confirm your continued involvement with the database. It is your responsibility to notify the DHO of any changes to your contact email.
Podcasts available on the DHO site remain the property of their respective owners. They are made available for non-commercial, educational purposes and if reproduced in whole or in part under "fair use" should be fully credited.
10. Links to Third Party Sites
The existence of URLs or other links on the site does not incur any responsibility, obligation or liability on the part of the DHO nor do we verify, endorse, or have any responsibility for, any such third party sites, their business practices, content or any goods or services associated with or obtained in connection with any such site.
11. Deactivation/Termination of Accounts
If you have a DHO account, you may delete your account, at any time and for any reason, by going to your profile page, selecting edit and then choosing delete. Posts to the DHO Forums and DRAPIer will not be deleted with the removal of the account.
We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
12. Disclaimer of limitations of liability
The DHO portal and all associated webpages are provided on an "as is" and "as available" basis without any representation or warranty of any kind, express or implied, or any guaranty or assurance the site will be available for use, or that all products, features, functions or operations will be available or perform as described.
We are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the DHO portal and all associated webpages. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the DHO portal and all associated webpages, including, without limitation, any content contributed by you through or during your use of the site.
You agree to indemnify and hold harmless the DHO and RIA, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the DHO portal and all associated websites, including but not limited to out of your violation of this AUP.
Like most website operators, we collect non-personally-identifying information such as browser type, language preference, referring site, and the date and time of each visitor request.
We collect this to understand how our visitors use our service and use it to make decisions about how to change and adapt the service.
From time to time, we may release non-personally-identifying information in aggregate form (for instance, by publishing trends in site usage) to explain our reasoning in making decisions. We will not release individual information, only aggregate information.
We automatically collect personally-identifying information, such as IP address, provided by your browser and your computer.
We collect this information for several purposes:
* To diagnose and repair network issues with your use of the site;
* To estimate the number of users accessing the service from specific geographic regions;
* To help prevent fraud and abuse.
In order to register for the service, you must give us your email address. We will use your email address to send confirmation of certain actions, such as when you change your password. We will contact you when it's necessary to complete a transaction that you've initiated, or if there's a critical or administrative issue affecting your use of the service.
As you use the service, you have the option to provide more personal information, through your profile, your entries, or comments you make. Providing this information is strictly optional.
We will show this information to others viewing the site, in accordance with the privacy options you've selected for the information. We may also use this information, in aggregate, to make decisions about how to change and adapt the service.
From time to time, we may release information in aggregate form (for instance, by publishing trends in site usage) to explain our reasoning in making decisions. We will not release individual information, only aggregate information.
We will not sell or provide this information to any third party, with exceptions as set forth below.
By choosing to make any personally-identifying information public, you recognize and accept that other people, not affiliated with us, may use this data to contact you. We can't be responsible for the use of any information you post publicly.
We disclose personally-identifying information only to those of our employees and contractors who (i) need to know that information in order to operate the service and (ii) have agreed not to disclose it to others. Some of these employees and contractors may be located outside your home country. By using this website, you consent to the transfer of your information to them.
If all of our assets were transferred or acquired, your information would be one of the assets that is transferred or acquired by a third party.
We may disclose potentially personally-identifying and personally-identifying information when that release is required by law or by court order, or when we believe in good faith that disclosure is reasonably necessary to protect the property, safety, or rights of us, third parties, or the public at large.
You agree not to sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website nor to reproduce, duplicate or copy the same without due credit and acknowledgement.
This AUP was based on the following sites: DreamWidth, OTW, AfterElton, Google