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Terms of Use

Welcome to The Daedalus Group's web site. Please feel free to browse, enjoy, and learn. The Daedalus Group, Inc. ("Daedalus") provides this site to you subject to the following Terms of Use.

Description of Service

Daedalus currently provides users with access to a rich collection of on-line resources and online forums. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Use.

You understand and agree that the Service is provided "AS-IS" and that Daedalus assumes no responsibility for the timeliness, deletion, routing, or failure to store any user communications or contributions.

Acceptance of Terms Through Use

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site.

We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Your Registration Obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Daedalus has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Daedalus has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Daedalus of any unauthorized use of your password or account or any other breach of security. Daedalus cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Agreement to Rules of User Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), are the sole responsibility of the person from which such Content originated. This means that you, and not Daedalus, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service.

Daedalus reserves the right to monitor, filter, edit and censor the Content posted via the Service but does not guarantee the accuracy, integrity or quality of such Content. All users therefore agree that all access and use of the site is at the user's own risk. Under no circumstances will Daedalus be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted via the Service.

You may access this web site and use the Service only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Service, including any Community. You agree that you will not:

  1. use the Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation, including, but not limited to, export control laws and regulations;
  2. upload, post, email or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable Content;
  3. upload, post, email, or otherwise transmit any Content that you do not have a right to transmit under any law or contractual or fiduciary relationships;
  4. upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  5. alter, damage or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Service;
  6. disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
  7. claim a relationship with or speak for any individual, business, association, institution or other organization for which you are not authorized to claim such a relationship;
  8. impersonate any person or entity, including, but not limited to, a Daedalus official, community leader, or forum moderator;
  9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  10. upload, post, email or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes";
  11. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  12. upload, post, or otherwise transmit 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 software or hardware or telecommunications equipment;
  13. collect or store personal data about other users; or
  14. reproduce, duplicate, copy, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the web site.

Third Party Sites

Some links on the Daedalus web site lead to sites posted by independent site owners. Because Daedalus has no control over such sites, Daedalus is not responsible for such sites' accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, Daedalus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any such content, goods or services available on or through any such site. Further, the inclusion of these links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Daedalus and the linked sites. Daedalus is an independent operating company and reference to other companies does not imply any partnership, joint venture, or other legal connection where Daedalus would be responsible for the actions of their respective owners.

Proprietary Rights

You acknowledge that the Daedalus web site, any underlying technology used in connection with the Daedalus web site, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Daedalus web site are provided by Daedalus or third party providers and are the copyrighted works of Daedalus and/or such third parties. Except as expressly authorized by Daedalus or such third parties in these Terms of Use or as may be posted on the site, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content, in whole or in part. You may not store any significant portion of any Content or the Service owned by, or licensed to Daedalus in any form, whether archival files, computer-readable files or any other medium. You also may not "mirror" any Content or the Service on any other server.

We encourage you to download and print a reasonable number of copies of Content for non-commercial personal or educational use only; provided that

  1. any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to Daedalus; and
  2. no modifications of any of the Content are made except as may be expressly provided by Daedalus or the third party provider on the Web page containing the applicable Content. You acknowledge that Daedalus and/or third party providers remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
  3. The Daedalus web site contains online, interactive areas for both instructors to meet others to share information and to learn at the same time in disciplines relevant to their interests. The web site currently features an archive of listserv discussions, and may offer discussion boards, chat rooms and other interactive features generally accessible to users, such as guest lectures and moderated chat events, forums, and file databases. You may upload or otherwise transmit, post, publish, reproduce or distribute, on or through the web site only Content that is not subject to any third party's intellectual property rights or Content in which any holder of intellectual property rights has given express authorization for distribution over the Internet and on the Daedalus web site without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain the phrase "Copyright owned by [name of owner]. Used by Permission."

You also recognize that by submitting any Content that contains personally identifiable information to a Community, it will be generally accessible by other users of the Service.

User's Grant of Limited License

Any material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, or other data (collectively the "User Content") that you upload to or otherwise make available in The Daedalus Faculty Center is and remains your sole property or the property of your licensors.

By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner of such User Content has granted Daedalus, for the sole purpose of displaying, publishing, distributing and/or otherwise transmitting the User Content (in part or in whole) through the Daedalus Web Site, the perpetual royalty-free, non-exclusive right and license to use, reproduce, modify, publish, distribute, perform and display the User Content through all web sites on the daedalus.com domain. Subject to these Terms of Use, you grant to all users of this website for non-commercial personal use or for each user's own classroom use, the worldwide, royalty-free, nonexclusive right and license to use, copy, display, modify, translate, perform, edit and create derivative works of Content, without charge or compensation.

You may remove, or request to have Daedalus remove, Content that you have added to the site.

You acknowledge and agree that Daedalus may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Daedalus, its users and the public.

You acknowledge that Daedalus reserves the right to pre-screen Content, and that Daedalus and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Daedalus and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. Daedalus makes every effort to keep all data at this site accurate and up to date, but make no warranties or representations regarding the data. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Daedalus or submitted to Daedalus.

You should assume that everything you see or read on the Service is protected by copyright and other intellectual property and proprietary rights and laws, unless otherwise noted, and may not be used except as provided in these Terms of Use or in the text on the Service without the written permission of Daedalus or the copyright owner.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAEDALUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DAEDALUS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAEDALUS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAEDALUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DAEDALUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE SERVICE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
  5. ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification

You agree to indemnify and hold Daedalus, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email or otherwise transmit through the Service, your use of the Service, your connection to the Service, or your breach of the Terms of Use.

Trademark Notice

The Daedalus Maze and the words Daedalus®, InterChange®, and BiblioCite® are trademarks The Daedalus Group, Inc. All other trademarks, service marks, and logos used on this site are the trademarks, service marks, and logos of their respective owners.

International Use

Daedalus controls and operates the web site from its headquarters in the United States and makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of these Terms of Use are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

These Terms of Use and any posted guidelines or rules applicable to certain services within this site constitute the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.

Termination

You agree that Daedalus, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, lack of use or the opinion by Daedalus that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Daedalus may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Daedalus may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Daedalus shall not be liable to you or any third party for any termination of your access to the Service.

Modifications to the Service

Daedalus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the web site or the Service (or any part thereof) with or without notice. You agree that Daedalus will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Changes to the Terms of Use

Daedalus reserves the right to modify the Terms of Use at any time. Any modifications shall be effective upon the posting by Daedalus of the modified Terms of Use at http://www.daedalus.com. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of the Service shall be deemed your acceptance of the modified Terms of Use.

Comments and Support

Daedalus actively solicits your comments with respect to the web site in an effort to provide a service relevant to your interests. However, Daedalus may not be able to respond to your feedback and is not obligated to implement any suggestions, but any information you provide to Daedalus will be considered non-confidential and non-proprietary and may be used by Daedalus in connection with the web site. For questions concerning how to use the Service, about the features of the Service, and Daedalus' policies, please Contact Us.

Revised December 24, 2004

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