Columbia University
http://probound.bussemakerlab.org
Terms of Use
Effective Date: October 7, 2021
ProBound is a research project of Columbia University Professor Harmen Bussemaker and the Bussemaker Lab at Columbia University.
These Terms of Use (“Terms”) govern all access or use of http://probound.bussemakerlab.org and associated websites, applications and digital platforms (collectively, the “Services”) owned and operated by Trustees of Columbia University in the City of New York ("Columbia University," “we,” “us,” “our”). The Terms constitute a legal agreement between you and Columbia University. Please read the Terms carefully before accessing the Services.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE ANY PART OF THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE THAT YOU ARE BOUND BY AND WILL COMPLY WITH THE TERMS.
Effective Date: October 7, 2021
These Terms of Use (“Terms”) govern all access or use of http://probound.bussemakerlab.org and associated website, applications and digital platforms (collectively, the “Service”) owned and operated by Trustees of Columbia University in the City of New York ("Columbia University," “we,” “us,” “our”).
By using the Service, you acknowledge and accept these Terms, and consent to the collection, use, and sharing of your information and other activities as described in our Privacy Policy. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and able to form legally binding contracts under applicable law. You also represent and warrant that you are not: (1) a person located in a country/region subject to comprehensive U.S. sanctions (currently, these are Cuba, Iran, North Korea, Syria, and the Crimea region); (2) currently designated on any U.S. Government list of Sanctioned Persons (e.g., the List of Specially Designated Nationals and Blocked Persons); and (3) employed, working, or otherwise acting for or on behalf of any Sanctioned Person.
Modifications
We may modify these Terms, in whole or in part, from time to time in our sole discretion, effective immediately upon posting modified Terms to the Service. By continuing to use or access the Service or any of its services after modified Terms are posted to the Service, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer made available to you on the Service that augments or otherwise enhances the current features of the Service shall be subject to these Terms.
Content
All text, graphic, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content contained on the Service is owned and controlled by us and/or our licensors. The Content is protected by trade dress, copyright, patent, trademark, and other intellectual property and unfair competition laws. It is for your own personal and non-commercial use only, and we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license for that purpose, subject to your strict compliance with these Terms. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute, or transmit the Content without our prior express written permission. Any unauthorized use of the Content will terminate the limited license granted by us. All other trademarks not owned by us that appear in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Your Conduct
By using the Service, you agree not to upload, post, email, or otherwise send or transmit any material that contains 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 associated with the Service. You also agree not to interfere with the servers or networks connected to the Service or to violate any of the procedures, policies, or regulations of networks connected to the Service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Service; (2) engage in any activity in connection with the Service that is fraudulent, unlawful, false or misleading, libelous, slanderous, defamatory, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, or otherwise inappropriate; (3) use the Service for any unlawful purpose; (4) resell or export the software associated with the Service; (5) use the Service for any commercial or political purpose; (6) copy, derive, edit, translate, decompile, reverse engineer, modify, use, unlock or reproduced any code, source, or alogrithm relating to the Service; (7) interfere with the proper operation of any security measure used by the Service; (8) cause to appear any expanding button, banner advertisement, exit window, pop-up, pop-under, or anything else which minimizes, covers, or otherwise inhibits the full display of the Service; or (9) use any crawl, index, spider, click spam, macro programs, deep-link, page-scrape, robot, Internet agent or other automatic device, program, algorithm, or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input or store information, search or generate searches, or monitor any portion of the Service.
Third-Party Interactions
The Service may contain, as a convenience to you, content, links, and other information submitted by third parties over whom we have no control or responsibility. We have no obligation to monitor, control, or restrict the use of the Service, or third-party website or services accessible via links available as part of the Service. These other website or services are not under our control, and you acknowledge that (whether or not such website or services are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such website or services. The inclusion of such a link does not imply endorsement of any website or service by us or any association with its operators.
Separate Terms and Conditions
From time to time in connection with your use of the Service or other interactions with us, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions. Unless otherwise expressly stated, any such terms will not vary or replace these Terms regarding any use of the Service.
Accuracy of Information
Although we attempt to maintain the integrity and accuracy of the information on the Service, we make no guarantees as to its correctness, completeness, or accuracy. The Service may contain typographical errors, inaccuracies, or other errors or omissions. We disclaim any duty or obligation to update any such information, including news and press releases about us, and your reliance on information contained in these materials is at your own risk.
User Content
By uploading, posting, emailing, transmitting, or otherwise making available any information or material to us (“User Content”), you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User Content and/or incorporate such User Content into any form, medium, or technology throughout the world without compensation or acknowledgement to you, subject to our Privacy Policy.
You acknowledge and agree that you are solely responsible for all User Content that you upload. You also represent and warrant that you are either the sole and exclusive owner of all User Content that you upload or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and neither the User Content, your uploading of the User Content, or our use of your User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We reserves the right to modify or adapt User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to User Content as are necessary to conform and adapt that User Content to any requirements or limitations of any networks, devices, services or media.
You also represent, warrant and agree that you will not post User Content that:
Disclaimer
We provide the Service “as is” and without any representation, warranty, or condition, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We assume no liability or responsibility for any errors or omissions with or on the Service; any failures, delays, or interruptions with the Service; any losses or damages arising from the use of the Service, including, without limitation, any damage to your mobile device; or any conduct by users of the Service. We reserve the right to withdraw or amend the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service.
Limitations of Our Liability
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOSS,
DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES
FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR
GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE
TERMS, (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY
CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR (D) A THIRD PARTY’S
UNAUTHORIZED ACCESS TO YOUR INFORMATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE
OR WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF
THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON
CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL
OR EQUITABLE THEORY.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.
Indemnity
You agree to indemnify and hold us, and each of our shareholders, directors, officers, employees, agents, and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Service or your violation of any law or the rights of any third party.
Governing Law
These Terms and any amendments thereto shall be governed and construed in accordance with the laws of New York, United States, without regard to principles of conflicts of laws.
Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Investigations; Cooperation with Law Enforcement
We reserve the right to investigate and prosecute any suspected breaches of these Terms. We may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.
Contact Us
If you have any questions about these Terms or the Service, please contact us at:
Harmen J. Bussemaker