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Terms of Use

Prism is the institutional repository for Feinberg School of Medicine at Northwestern University (known in this document as the “Site”). The Site is maintained by Galter Health Sciences Library & Learning Center, Northwestern University to disseminate information and research to scholars, educators and the public. The Site provides an index of records that have metadata such as title, creators, publication date (known in this document as “Metadata”) and may have associated files that include text, data, images, graphics, information, articles, multi-media objects, scholarly projects and other works (known in this document as "Content").

By using the Site, Metadata, or 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 the Site.

To comply with the Children's Online Privacy Protection Act access and use of the repository are available only to users who are at least 13 years old and, if under 18, have the consent of their parent or legal guardian. If you are under 13, or if you are under 18 and do not have your parent’s consent, you may not access or use the Site.

As used in these Terms of Use, the terms "we”, “us”, and "our" refer to Galter Health Sciences Library & Learning Center (“Galter Library”) and Northwestern University ("Northwestern University").

Changes to Terms of Use Are Binding

Northwestern University may modify these Terms of Use from time to time without notice to you. Any modifications to the agreement shall become effective immediately upon posting. By making use of the Site after such modification, you are agreeing to the modified agreement. Accordingly, you should read these Terms of Use from time-to-time for any changes.

Use of Prism Content and Copyright

The Content and some Metadata (such as descriptions) found on the Site that may be protected by copyright, trademark, and other laws. You agree to use the Site, Content, and Metadata 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 or Metadata 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 or Metadata.

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 Northwestern University or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

Creative Commons and other licensing in Prism

Content in the Site may be available with the use of a license, such as a Creative Commons license, which provides permission from the copyright holder for how the Content may be used. If you use the Content, you shall do so in accordance with the terms of the rights granted pursuant to the particular item of Content.

Metadata is publically accessible and may be openly accessed and freely reused under the CC0 waiver (except for descriptions, abstracts, acknowledgement, methods, series information, table of contents, and technical information).

Copyright Complaints

Galter Library, Northwestern University staff are not able to undertake copyright investigations on behalf of Site users.

We respect the intellectual property rights of others. If you believe your copyright has been violated, please notify Northwestern University’s Office of General Council which is a designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3)) (see: https://www.northwestern.edu/general-counsel/contact-us/index.html)

Fair Use and Prism

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. Northwestern University encourages fair use of any Content on the Site. For assistance in evaluating what constitutes fair use, we recommend the Fair Use Evaluator from the American Library Association, Office of Information Technology Policy. To the extent permitted by law, adaptation of Content to enable use and access by persons with disabilities is encouraged.

Visibility of Content in Prism

Where possible, the Site makes its Content visible to the general public. However, there are different levels of visibility for records, which includes the Metadata and Content:

  • Public Record and Public Files: This option allows anyone in the world to view the metadata for your deposit (such as the title, creators, etc.) and to view the files associated with your deposit.
  • Public Record and Restricted Files: This option allows anyone in the world to view the metadata for your deposit (such as the title, creators, etc.) but the files associated with your deposit can ONLY be viewed by system administrators, users you share a link with, and if you submit your record to a community, any community administrators and members. You may also decide if you want to apply an embargo to change the status for the files from restricted to public on a certain date.
  • Restricted Record and Restricted Files: This option allows the metadata for your deposit (such as the title, creators, etc.) and the files associated with your deposit to be viewed ONLY by system administrators, users you share a link with, and if you submit your record to a community, any community administrators and members. You may also decide if you want to apply an embargo to change the status for the metadata and the files from restricted to public on certain date.

Metadata and/or Content that have restricted visibility cannot be used, downloaded, or distributed outside a community or by other users of the Site without the specific permission of the copyright owner(s). Records that have a status of draft or preview (i.e. not published) are considered private and cannot be viewed by or shared with anyone except for system administrators, users with specific permissions, or by community administrators, if the record was submitted to a community.

Operation Rules

You may not:

  • interfere or attempt to interfere with the proper operation of the Site or the data management platform service;
  • attempt to gain or encourage others to gain unauthorized access to the Site or the data management platform service;
  • sell, lease, license, assign, transfer, distribute or otherwise charge or encumber or commercially exploit the Site, the data management platform service, or any part thereof except as expressly permitted;
  • misuse the Site (including by hacking or by knowingly or negligently introducing Viruses);
  • use the Site in breach of any applicable laws.

8. Privacy of Study Subjects

Northwestern University distributes Metadata and Content through Prism, such as the results of surveys and other research instruments provided by human subjects. This Content in Prism may not be used to identify specific individuals or organizations. Although researchers take steps to assure that subjects cannot be identified, users of Prism are also obligated to act responsibly and not to violate the privacy of subjects intentionally or unintentionally.

If Northwestern University determines that user(s) have violated Terms of Use, one or more steps will be taken, which may include:

  • Northwestern University may revoke the existing agreement, demand the return of the data in question, and deny all future access to data in Prism.
  • The violation by a user may be reported to the Research Integrity Officer, Institutional Review Board, or Human Subjects Review Committee of the user's institution.
  • If the confidentiality of human subjects has been violated, the case may be reported to the Federal Office for Human Research Protections. This may result in an investigation of the user's institution, which can result in institution-wide sanctions including the suspension of all research grants.
  • A court may award the payment of damages to any group(s) or individual(s) harmed by the breach of the agreement.

Disclaimer of Warranties

THE SITE, METADATA, 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, METADATA, 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, METADATA, OR THE CONTENT, NOR THAT ANY PARTICULAR METADATA OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY POSTED MATERIAL, METADATA, OR CONTENT PROVIDED BY OTHERS, INCLUDING NORTHWESTERN UNIVERSITY 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.

Limitations of Liability and Remedies

WE MAKE THE SITE, METDATA, AND THE CONTENT AVAILABLE FREE OF CHARGE. YOUR USE OF THE SITE, METADATA, 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, METADATA, OR THE CONTENT, OR YOUR USE OF THE SITE, METADATA OR THE CONTENT, OR ANY THIRD PARTY RIGHTS IN THE CONTENT, EVEN IF THE SITE, METADATA, 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.

Indemnity

You agree to indemnify and hold harmless Northwestern University and its trustees, officers, fellows, students, 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, Metadata, or any of the Content or your failure to comply with any provision of these Terms of Use.

Applicable Law and Jurisdiction

Access from the state of Illinois: The Site is controlled and operated from our facilities in and around Chicago, IL. 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 Illinois, 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 Cook County, Illinois. 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 Illinois, you will be responsible for compliance with all local laws of those other locations.

Termination

The permissions granted to you will terminate automatically upon any breach by you of these Terms of Use. Reasons for such termination shall include, but not be limited to:

  • violations of these Terms of Use;
  • requests by you (e.g. self-initiated account deletions);
  • unexpected technical or security issues or problems;
  • extended periods of inactivity; and/or
  • requests by law enforcement or other government agencies.

In addition, Northwestern University may, from time to time in its reasonable discretion, suspend or withdraw your access rights to the site or services. You may request termination of your account by providing notice via our contact us page.

For questions about the site, metadata and its contents, please contact us.