ACRO terms and conditions of use

This warranty outline is based on the one developed by The Internet Archive Copyright Agent, Internet Archive, Presidio of San Francisco, P.O. Box 29244 San Francisco, CA 94129 -- Email: info@archive.org -- Website www.archive.org . It is licensed under a creative commons license

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This terms of use agreement (the "Agreement") governs your use of the collection of digital content (the "Collections") available through Australian Creative Resources Online ("ACRO "). When registering to access content, you will be presented with the terms of use agreement. If you do not agree to these terms, please do not use ACRO's Collections or its Web site (the "Site").

Access to ACRO is provided at no cost to you and is for scholarship and research purposes only, unless explicit consent from copyright holders is given to you. ACRO, at its sole discretion, may provide you with a password to access certain Collections, provided that you complete any required application process and provide accurate information in your application. You may use your password only to access the Collections in ways consistent with this Agreement - no other access to or use of the Site, the Collections, or ACRO's services is authorized. You agree not to interfere with the work of ACRO personnel, or servers. Further, you agree not to recirculate your password to other people or organizations or to copy offsite any part of the Collections without written permission. Please report any unauthorized use of your password promptly to technics@acro.edu.au. You acknowledge that you have read and understood ACRO's Privacy Policy and agree that ACRO may collect, use, and distribute information pursuant to that policy. If you provide any content to ACRO, you grant ACRO a nonexclusive, royalty-free right to use that content.

Some of the content hosted by ACRO may be governed by local, national, and/or international laws and regulations, and your use of such content is solely at your own risk. You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of ACRO. In particular, you certify that your use of any part of ACRO's Collections will be noncommercial and will be limited to noninfringing or fair use under copyright law unless otherwise licensed. In using ACRO's site, Collections, and/or services, you further agree " not to violate anyone's rights of privacy, not to act in any way that might give rise to civil or criminal liability, not to use or attempt to use another person's password, not to collect or store personal data about anyone, not to infringe any copyright, trademark, patent, or other proprietary rights of any person, not to transmit or facilitate the transmission of unsolicited email ("spam"), not to harass, threaten, or otherwise annoy anyone, and not to act in any way that might be harmful to minors, who are and will be a core user group of ACRO, including, without limitation, transmitting or facilitating the transmission of pornography which is prohibited by federal law and may be reported to the authorities should it be discovered by ACRO.

You agree that we may contact you from time to time with surveys or other questions regarding your opinions about and uses of ACRO, as well as with information we believe may be of interest to you. We encourage you to respond to these surveys because we value your input. It will assist us in improving ACRO. In addition, we request that, according to standard academic practice, if you use ACRO's Collections for any research that results in an article, a book, or other publication, you list ACRO as a resource in your bibliography.

Sometimes authors and publishers express a desire for their material not to be included in publicly accessible Collections. If the author or publisher of some part of ACRO does not want his or her work made available to the public, then we may remove that portion of the Collections without notice.

ACRO may immediately terminate this Agreement at its sole discretion at any time upon written notice (including via email) to you. Upon termination, you agree that ACRO may immediately deactivate any password it has issued to you and bar you from accessing the Collections or the Site.

ACRO may modify this Agreement from time to time, and your continued use of the Collections and/or the Site constitutes your acceptance of any and all modifications. ACRO will attempt to notify you of substantial modifications via the email address that you have registered with us, if any.

Because the content of the Collections comes from around the world and from many different sectors, the Collections may contain information that might be deemed offensive or objectionable. ACRO does not endorse or sponsor any content in the Collections, nor does it guarantee or warrant that the content available in the Collections is accurate, complete, noninfringing, or legally accessible in your jurisdiction. You agree that you are solely responsible for abiding by all laws and regulations that may apply to the access and viewing of content in your locality.

In addition, the Collections are provided to you on an as-is and as-available basis. You agree that your use of the Site and the Collections is at your sole risk. You understand and agree that ACRO makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the content in the Collections, that the Site or the Collections will meet your requirements, that access to the Collections will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. We make no warranty of any kind, either express or implied.

You agree to indemnify and hold harmless ACRO and its partners, subsidiaries, affiliates, agents, officers, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including legal costs) arising from your use of ACRO's services, the site, or the Collections. You agree that this Agreement is governed by Australian law and that any suit arising from this Agreement will be brought in Brisbane, Queensland, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to Queensland State Law or Australian Federal Law.

In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.

Under no circumstances, including, without limitation, negligence, shall ACRO or its parents, affiliates, officers, employees, or agents be responsible for any indirect, incidental, special, or consequential damages arising from or in connection with the use of or the inability to use the Site or the Collections, or any content contained on the Site or in the Collections, or resulting from unauthorized access to the Collections or your transmissions of data, including, without limitation, damages for loss of profits, use, data, or other intangibles, even if ACRO has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

This Agreement, the Privacy Policy, and other policies posted on the Site constitute the full and complete agreement between you and ACRO and are not intended to inure to third-party beneficiaries.

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Privacy Policy ACRO is committed to making its constantly growing collection of digital resources freely available to the public for purposes of public benefit. ACRO offers access to some of its Collections by allowing people access to the server system. This open approach is somewhat like the situation in a public library, where staff and patrons might see who else was in the library, and a bit of what they were working on. When Researchers using the Collections log on to the same server using different accounts, some sharing of information may take place. While ACRO endeavours to enforce its Terms of Use (http://www.uq.edu.au/acro/terms/index.html) and maintain standard computer security, it is important for people who visit the site, and those who contribute material, to be aware of the open nature of ACRO. ACRO may make changes to this policy from time to time and will notify you of such changes by posting an update in the Terms, Privacy, and Copyright link at the bottom the home page of the ACRO Site. Your continued use of the Site and/or the Collections constitutes your acceptance of any changes to the Privacy Policy concerning, but not limited to, both previously and prospectively collected information.

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What Personal Information May ACRO Have on Its Computers and Systems? ACRO uses standard Web logging in its Web servers. Our Web server may automatically recognize the domain name of each Visitor, each Visitor's IP address, what Web page the Visitor requests, and the time of the request, along with a variety of information supplied by the visitor's browser. See www.microsoft.com and www.netscape.com for information about the Microsoft Internet Explorer and Netscape Navigator browsers, and see www.apache.org for details about Web logs. In addition, ACRO may collect the email addresses and messages of those who communicate with ACRO staff via email, or who enter email addresses in forms on the Site. ACRO may collect personally identifying information when a researcher registers for access to the Collections, including the researcher's name, address, telephone number, and email address, and the researcher's proposal for using the Collections. ACRO may use "cookies" to track users' activities on the Site and in the Collections. Cookies are small files that a server transfers to the hard drive of someone who visits a site and that the server can access when the person returns to the site. The communications between you and ACRO may pass through many machines, operating systems, programs, browsers, Web servers, networks, routers, ethernet switches, Internet service providers, proxy servers, intranets, the public phone system, or other devices (collectively, "Devices") on your premises, at ACRO, and in between. Some of these Devices create logs of activities that are recorded on computer systems outside ACRO. ACROis not liable for the information collecting activities of third parties, nor does ACRO endorse or use any such information.

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What Might ACRO Do With the Information on Its Computers? ACRO may transfer the information on its machines, including personally identifying information, into the Collections. The Collections are made available to researchers and may be made available on the Site, or provided to third parties, for any use, without limitation. Advances in data mining technology may make it possible to discover more personally identifiable information or profiles in the Collections. ACRO may disclose any information it collects from Users if ACRO believes in good faith that such action is reasonably necessary to enforce its Terms of Use or other policies, to comply with the law, to comply with legal process, to operate its systems properly, or to protect the rights or property of itself, its Users, or others. It is possible that the computers at ACRO could become compromised by others and that the information on ACRO's computers could be collected and disseminated without the knowledge or consent of ACRO. While ACRO endeavors to block "crackers" from breaking into its machines, ACRO is not responsible or liable for any such unauthorized uses of ACRO or its data.

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How to Update Researcher Registration Information. Researchers can help ACRO maintain the accuracy of their information by notifying ACRO of any changes in their address, title, phone number, or email address. Contact ACRO by email at acroinf@uq.edu.au to see, update, or delete your information.

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Copyright Policy ACRO respects the intellectual property rights and other proprietary rights of others. ACRO may, in appropriate circumstances and at its discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others.

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If you believe that your copyright has been violated by material available through ACRO, please provide ACRO with the following information: Identification of the copyrighted work that you claim has been infringed;

An exact description of where the material about which you complain is located within ACRO collections;

Your address, telephone number, and email address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and

Your electronic or physical signature.

ACRO copyright issues should be addressed in the first case to: acrocopy@uq.edu.au For More Information

If you have any questions or comments regarding these terms and policies, or about participating in ACRO, please email us.