Dartmouth Digital Commons (DDC)
Terms and Conditions of Use

Description

Dartmouth provides the Dartmouth Digital Commons (DDC) site and related services (“the Site”). The Site is managed by the Dartmouth College Library and hosted by bepress on their Digital Commons publishing system and platform. It is therefore governed by Trustees of Dartmouth College. It supports Dartmouth’s mission by providing an efficient system for publishing content created by the Dartmouth community, and by broadly disseminating and effectively managing the digital scholarship created by members of the Dartmouth community. The Site contains defined communities and collections, such as Open Dartmouth: Faculty Open Access Articles (ODFOA), Student Publishing at Dartmouth, and others as needed.

General

Use of the Site and its contents is subject to the following Terms and Conditions of Use (the “Terms”), and all applicable laws. By using the Site or any of its content, you agree to these Terms. If any of these Terms are unacceptable to you, do not use the Site or its content.

All users of the Site shall refrain from any and all conduct that violates Dartmouth’s rules and policies. For example, all users must refrain from conduct that is unlawful, threatening, an invasion of privacy, or infringes on patent, trademark, copyright and other proprietary rights.

Acceptable uses:

  • Personal study
  • Teaching, including distribution for coursework
  • Research and scholarship, including text and data mining
  • Downloading for personal use
  • Full text searching
  • Citation management and sharing

Copyright

Copyright to the design and operation of the website is held by bepress. The content provided on this Site in the form of publications and other materials produced by members of the Dartmouth community is freely available, under a variety of licenses, including but not limited to CC BY NC. Each individual item carries license and rights information.

Relevant polices:
Dartmouth Copyright Policy & Guidelines
Take Down Policy and Procedures

Copyright and use of specific types of material are described below; these are some, but not all, of the types of materials that may be found in the Dartmouth Digital Commons.

  1. Dartmouth Faculty Open Access Policy Articles in the Open Dartmouth: Faculty Open Access Articles (ODFOA) community portion of the Site are licensed under CC BY NC for open dissemination by the copyright owner, usually the author(s), to Dartmouth, and the copyright is held by the author(s). These articles are so noted, and can be used in a wide variety of ways, but they cannot be sold. Use of these articles requires a link to the published source, when that is provided in DDC, and full attribution.
  2. Copyright to the student publications, such as magazines and journals in the Student Publishing at Dartmouth portion of the Site, is held by Trustees of Dartmouth College, unless the publication is separately incorporated. Editors, Author(s) and/or Contributor(s) usually own copyright to the content within those publications.

Fair Use

These Terms do not limit uses that fall under Fair Use in U.S. Copyright Law.

Permission

The user of the site is responsible for determining when permission is needed for intended uses.

Privacy

The Privacy statement for Dartmouth’s web site applies to this Site.

Disclaimer of Warranties

Trustees of Dartmouth College makes no representation or warranty, and expressly disclaim any liability with respect to the content provided in the Dartmouth Digital Commons, including--but not limited to--errors, omissions, libel, infringement of the rights of any third party, or disclosure of any confidential or private information.

The contents of the Dartmouth Digital Commons are provided "as is", with no claim or warranty of merchantability, quality, performance, or fitness for any purpose. Furthermore, Trustees of Dartmouth College makes no warranties that the materials included herein are free from any computer virus, worm, malware, or other malicious computer program.

The materials included in this site are provided free of charge for personal scholarly and educational interests of adult readers. No materials herein are provided for any business, legal, medical, or any other professional purpose.

Limitations of Liability

The Site and it content is provided for your use at your own risk. Trustees of Dartmouth College is not liable for any damages arising from your use of the Site or its content, including third party rights.

Indemnification

You agree to indemnify and hold harmless Trustees of Dartmouth College and its 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.

Links from the Site

Although links on the Site to third-party web sites are provided, the Site owner does not necessarily approve or endorse the content of linked third-party sites, and has no responsibility or liability in connection with your use of such sites.

Logos and Trademarks

Nothing in these Terms 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 Dartmouth for any purpose except with prior written approval and in accordance with the guidelines provided on the page. See the Use of the Dartmouth Name and Logos.

Complaints

See the Dartmouth Copyright Policy and Guidelines for permitted uses and when permission is required. If you believe your copyright has been violated on the Site, please contact us at to write to our designated agent under the Digital Millennium Copyright Act. That contact information pertains only to notifications of claimed infringement. Please direct all other communications concerning the Site to the Scholarly Communication Program.

Termination

The permissions and rights granted to you in these Terms will terminate automatically upon any breach by you of these Terms, unless we otherwise specifically agree in writing, but the other provisions of these Terms will survive any such termination. If an article made available under the Dartmouth Faculty Open Access Policy is subsequently made unavailable, the permission to use that article thereafter will terminate.

Changes to the Terms and Conditions

We may change these Terms 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 to the modified Terms and all of the changes.

Applicable Law and Jurisdiction

The Site is managed in Hanover, NH by Dartmouth. These Terms, 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 the state of New Hampshire.