Terms of Use for DASH Repository

Use of the web site http://dash.harvard.edu (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. If any of these Terms of Use are unacceptable to you, do not use the Site or its content.

The Site is maintained by the Harvard Office for Scholarly Communication ("OSC"), a part of the President and Fellows of Harvard College ("Harvard"), in support of its mission to disseminate information and research to scholars, educators and the public. As used in these Terms of Use, the terms "we," "us," and "our" refer to both OSC and Harvard.

​1. Changes to Terms of Use Are Binding. We may change these Terms of Use from time to time without advance notice. Your use of the Site, or any of its content licensed hereunder, after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.

​2. Copyright and Other Protection. The Site and much of the text, images, graphics, information and other content of the Site (collectively, the "Content") are protected by copyright, trademark and other laws. We or others own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use. Much of the Content consists of articles and other scholarly writings posted at the direction of authors (the "Posted Material"), according to their understanding of their rights in that material.

​3. Open Access Policy Articles. Some of the Posted Material consists of scholarly articles deposited under a Harvard Open Access Policy (the "Open Access Policy Articles" or "OAP Articles"). Subject to the other provisions of these Terms and Conditions, you may use, reproduce, distribute, and display the OAP Articles for:

​a. personal study;

​b. teaching (including distribution of copies to students and use in coursepacks and courseware programs);

​c. research and scholarship (including computational research uses such as data-mining and text-mining); and

​d. provision of value-added services (including full-text searching, cross-referencing, and citation extraction);

provided in each case that:

​e. you will not sell or charge for any OAP Article (whether or not any profit is involved) and will not sell advertising on the same page as any OAP Article;

​f. if you make an OAP Article available to others, you will retain with the article its title, the name of the author(s), a reference to these Terms of Use, and any copyright notice included on the original;

​g. if you make an OAP Article available on-line, you will use reasonable efforts both to cite to the publisher's definitive version of the article if it has been published, and to provide a link to the publisher's version if it is available on-line;

​h. you may not use a facsimile of the published version of an article under these open access terms, unless the publisher so permits and that version has been made available as an OAP Article on the Site;

​i. you will not make any translation, adaptation or other derivative work of an OAP Article, except that, as reasonably necessary in order to carry out a permitted use, you may include the article in a collection or database, may change the technical format of the article, and may use excerpts of the article for teaching or other permitted purposes, so long as, in each case, (A) your use of the article or any portion thereof continues to comply with all provisions of these Terms of Use that are applicable to OAP Articles, (B) you do not misrepresent the substance of the article, and (C) your derivative of the article includes a citation, hyperlink, or similar reference to the original article and appropriately identifies the nature of the derivative work (e.g., "abridged from_____"); and

​j. you may not sublicense or otherwise transfer your rights in any OAP Article, and will only make OAP Articles available to others for use by them under these Terms of Use as in effect from time to time.

​4. Other Posted Material. Posted Material other than OAP Articles ("Other Posted Material") is made available on the Site at the direction of authors according to their understanding of their rights in that material. You may download and use Other Posted Material in any manner not prohibited by copyright or other applicable law. Although we do not grant you any rights in Other Posted Material, authors in some cases may allow additional uses of certain Other Posted Material. In that event the terms applicable to the additional uses are indicated on the Site in connection with that Other Posted Material.

​5. Fair Use and Other Lawful Uses. Nothing in these Terms of Use is intended to restrict or limit you from making uses of Posted Material that, in the absence of rights granted hereunder, would not infringe or violate anyone's copyright, trademark or other rights.

​6. Other Content. Content on the Site other than Posted Material is made available only for your personal, noncommercial use. You may not retransmit, publish, distribute, display or otherwise make available any such Content to others, except as we may otherwise expressly allow, and except for the notices and other information accompanying Posted Material, which you may make available when you have the right to make the related Posted Material available.

​7. Reserved Rights; Obtaining Permissions. All rights in the Site and the Content (including the Posted Material) 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. For permission under rights held by us, you should contact the Office for Scholarly Communication.

​8. Disclaimer of Warranties. THE SITE AND THE CONTENT ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY POSTED MATERIAL OR CONTENT PROVIDED BY OTHERS, INCLUDING HARVARD AUTHORS. WE DO NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

​9. 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.

​10. Indemnity. You agree to indemnify and hold harmless the OSC and Harvard, and their officers, fellows, governing board members, 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.

​11. Submissions to DASH. We have additional requirements and procedures that apply to authors and others who submit articles or other material to the DASH repository for posting on the Site, and any such submission must be made in accordance with those requirements and procedures.

​12. Links to Other Sites. Links on the Site to third-party web sites are provided solely as a convenience to you. 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.

​13. Trademarks. 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. You agree not to use or register any name, logo or insignia of Harvard or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

​14. Copyright Complaints. We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us as provided at Reporting Copyright Infringements, where you will find the contact information for our designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for further information). That contact information pertains only to notifications of claimed infringement. Please direct all other communications concerning the Site to the Office for Scholarly Communication.

​15. Applicable Law and Jurisdiction; Access from Outside Massachusetts. The Site is controlled and operated from our facilities in and around Cambridge, Massachusetts. 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 Massachusetts, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in Middlesex or Suffolk County, Massachusetts. 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). If you choose to access our website from locations other than Massachusetts, you will be responsible for compliance with all local laws of those other locations.

​16. Termination. The permissions and rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination. If we take down or otherwise cease to make an article available as an OAP Article, the permission granted to you hereunder to use that OAP Article thereafter will terminate at that time. We intend to identify any articles that are no longer made available as OAP Articles on a list below.

​17. General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We may change these Terms of Use from time to time without advance notice. Your use of the Site, or any of the Content licensed hereunder, after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. These Terms of Use, together with our Privacy Policy, set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

Last Updated October 7, 2010