SMARTech Terms of Use

  1. General: SMARTech is maintained by Georgia Institute of Technology Library (“Library”) 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 the Library, Georgia Institute of Technology (“GT”) and Georgia Tech Research Corporation (“GTRC”). Use of SMARTech (the website and its content) is subject to the following terms and conditions and all applicable laws. By using the SMARTech website and any of its content, you accept and agree to be bound by these Terms of Use and all applicable laws. If any of these Terms of Use are unacceptable to you, do not use SMARTech.
  2. Copyright and Use of SMARTech Content: SMARTech includes text, images, graphics, information articles, multi-media object, scholarly projects and other works protected by copyright, trademark and other laws (“Content”). Some of the Content in SMARTech includes materials such as original images scanned from the special collections of Georgia Institute of Technology or older published works that have passed into the “public domain” under U.S. Copyright Law. In instances where we are aware that such materials are in the “public domain,” we have identified them to the extent possible. However, the SMARTech website and most of the Content held in SMARTech are protected by copyright and other laws. These materials have been deposited to enable teaching, research and other nonprofit educational activities. Unless otherwise specified, you may use the SMARTech website and the Content only for non-commercial, research, educational, or related academic purposes. Further, it is your responsibility to assess any copyright or legal concerns that might affect your use of SMARTech content and you shall assume personal responsibility for your uses of Content.
  3. Special Permissions: SMARTech does not have the authority to grant or deny special permission to use images or other Content found on the SMARTech website beyond those uses that are specifically described in these Terms of Use or as noted specifically on individual items of Content. SMARTech staff members are not able to perform copyright investigations on behalf of SMARTech website users.
  4. SMARTech Access Levels: Where possible, SMARTech makes its Content available to the general public. However, some of the Content on the SMARTech website has been made available only to GT community users or other user subgroups by the depositor. Such Content cannot be used, downloaded, or distributed outside the GT community (or subgroup identified) without the specific permission of the depositor.
  5. Use of SMARTech Site and Content: Content that has been made accessible to the general public may be used for non-commercial, research, educational, or related academic purposes only. Such uses include personal study, distribution to students, research and scholarship (including computational research uses such as data and text-mining, citation-extraction, or cross-referencing) as long as you do not sell the Content or sell advertising on any page on which the Content is displayed. If you make an item of Content available to others, you will retain with the Content its title, the name of the author(s), a reference to these Terms of Use, any copyright notice included on the original, and any metadata associated with the original. You may not use a copy of the published version of an article that may be posted in SMARTech under these open access terms, unless the publisher so permits. You will not make any translation, adaptation or other derivative work of an item of Content except as authorized under U.S. law. You may not sublicense or otherwise transfer your rights in an item of Content and will only make Content available to others for use by them under these Terms of Use. Links on the SMARTech website to third-party websites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party websites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party websites. 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 SMARTech website. You agree not to use or register any name, logo or insignia of Georgia Institute of Technology or any of its subdivisions or cooperative organizations for any purpose except with our prior written approval and in accordance with any restrictions required by us.
  6. Fair Use and Other Lawful Uses: Nothing in these Terms of Use is intended to restrict or limit you from making uses of Content that, in the absence of rights granted hereunder, would not infringe or violate anyone’s copyright, trademark or other rights. To the extent permitted by law, adaptation of SMARTech Content to enable use and access by persons with disabilities is encouraged.
  7. Reserved Rights; Obtaining Permission: All rights in the SMARTech website and Content that are not expressly granted are reserved. You agree to use the SMARTech website and 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.
  8. Disclaimer of Warranties: THE SMARTECH WEBSITE 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 SMARTECH WEBSITE 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 SMARTECH WEBSITE OR THE CONTENT, OR 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 GEORGIA INSTITUTE OF TECHNOLOGY AUTHORS. WE DO NOT WARRANT THAT THE SMARTECH WEBSITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SMARTECH WEBSITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
  9. Limitations of Liability and Remedies: WE MAKE THE SMARTECH WEBSITE AND CONTENT AVAILABLE FREE OF CHARGE. YOUR USE OF THE SMARTECH WEBSITE AND THE CONTENT IS SOLELY AT YOUR OWN 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 SMARTECH WEBSITE OR THE CONTENT, OR YOUR USE OF THE SMARTECH WEBSITE OR THE CONTENT, OR ANY THIRD PARTY RIGHTS IN THE CONTENT, EVEN IF THE SMARTECH WEBSITE 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 Board of Regents of the University System of Georgia, Georgia Institute of Technology and Georgia Tech Research Corporation 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 SMARTech website or any of the Content or your failure to comply with any provision of these Terms of Use.
  11. Contact for Website Issues:
    • Copyright Complaints:
      We respect the intellectual property rights of others. If you believe your copyright has been violated on the SMARTech website, please notify us through the Georgia Institute of Technology’s designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3)) at copyright.notify@gatech.edu.
    • Other Site Issues:
      Please direct all other communications to the SMARTech Administrator at smartech@library.gatech.edu.
  12. Applicable Law and Jurisdiction: The SMARTech website is controlled and operated from our facilities in and around Atlanta, Georgia, U.S.A. These Terms of Use and any claim or dispute that arises from or relates to your use of the SMARTech website and Content, will be governed by the laws of the State of Georgia, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in the courts of Fulton County, Georgia. You consent to 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 the SMARTech website from other locations other than Georgia, you will be responsible for compliance with all local laws of those locations.
  13. Termination: The permissions granted to you will terminate automatically upon any breach by you of these Terms of Use. If we take down or otherwise cease to make a work available as an item of Content, the permission granted to you hereunder to use such Content will thereafter terminate at that time. SMARTech is maintained as a scholarly and educational resource by Georgia Institute of Technology and may be modified or terminated by the Library at any time in its sole discretion.
  14. Terms of Use Changes: We may change these Terms of Use from time-to-time without notice. Your use of SMARTech or any of its Content after any changes have been made will constitute your agreement on prospective basis to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use regularly for any changes.