Overview

The University of Michigan Library (“MLibrary”), provides hosting and access to Pancreapedia: The Pancreas Knowledge Base, a scholarly website designed to maximize user control over their posted materials. The goal of MLibrary and Pancreapedia is to encourage users to express ideas and opinions on the subject matter of the site.

The Pancreapedia is a community site and should be treated accordingly. Please review our main page to learn more about types of content that are and are not welcome on our site. Please post responsibly. In particular, take care to avoid posting or linking to things like spam, malware, or hate content. Additionally, please refrain from off topic or distracting posts. If you find content on Pancreapedia that you believe violates these Terms of Service, please contact us.

Terms of Service

These Terms of Service govern all uses of the Pancreapedia website, including all of the content, services, and products available at or through the website (“Pancreapedia”). The domain and server for the Website are owned and operated by the University of Michigan Library (“MLibrary”). The Pancreapedia is made available with the understanding that you accept and follow these Terms of Service as written here, including other operating rules, policies, and procedures that may be published at any time on this Site by MLibrary (collectively, the “Agreement”). This includes without limitation the Pancreapedia Privacy Guidelines.

Please read this Agreement carefully before accessing or using the Pancreapedia. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then do not access the Pancreapedia or use any services. The Pancreapedia is available only to individuals who are at least 13 years old.

Your Pancreapedia Account and Site. By creating an account on the Pancreapedia, you agree to maintain the security of your account (such as usernames and passwords), and are responsible for all activities that occur under your account, as well as any other actions under your account taken in connection with the blog. Immediately notify MLibrary of any unauthorized uses of your account or any other breaches of security. MLibrary will be held harmless and will not be liable for any damages incurred as a result of such acts or omissions by you.

Your Responsibility as a Contributor. If you comment on an article, post material to the Pancreapedia, post links on the Pancreapedia, or otherwise make (or allow others to make) material available on the Pancreapedia (“Content”), you are responsible for the Content (including any harm resulting from that Content regardless of whether the Content is in the form of text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that to the best of your knowledge:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• the Content is not named in a way that misleads your readers into thinking that you are another person or company. For example, your name or content's name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MLibrary or otherwise.

By submitting Content to Pancreapedia, you grant MLibrary a universal, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content and to license others to do so as long as the author of the Content is attributed. If you delete Content, MLibrary will use reasonable efforts to remove it from the Pancreapedia, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, MLibrary has the right (though not the obligation) in its sole discretion (i) to refuse or remove any content that MLibrary reasonably believes violates any MLibrary policy or is in any way harmful or objectionable, or (ii) to terminate or deny access to and use of the Pancreapedia to any individual or entity for any reason.

Responsibility of Pancreapedia Visitors. MLibrary does not and cannot review all of the material, including but not limited to computer software, posted to the Pancreapedia, and is not responsible for that material’s content, use or effects. By operating the Pancreapedia, MLibrary does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MLibrary disclaims any responsibility for any harm resulting from the use by visitors of the Pancreapedia, or from any downloading by those visitors of content posted there. This includes but is not limited to content that may be offensive, indecent, or otherwise objectionable, technical inaccuracies, typographical mistakes, and other errors, material that may violate privacy or publicity rights or infringe upon the intellectual property and other proprietary rights, of third parties.

Content Posted on Other Websites. By linking to a non-Pancreapedia website or webpage, MLibrary does not represent or imply that it endorses such website or webpage. MLibrary does not and cannot review all of the material made available through the websites and webpages to which Pancreapedia links or that link to Pancreapedia. MLibrary does not have any control over those non-Pancreapedia websites and webpages and is not responsible for their contents or their use. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MLibrary disclaims any responsibility for any harm resulting from your use of non-Pancreapedia websites and webpages.

Copyright Infringement and DMCA Policy. MLibrary respects the intellectual property rights of others. If you believe that material located on or linked to by Pancreapedia violates your copyright rights, please notify MLibrary in accordance with the University of Michigan's Digital Millennium Copyright Act (“DMCA”) Policy. MLibrary will respond to all such notices as is appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who repeatedly infringes the copyrights or other intellectual property rights of MLibrary or others, MLibrary may, in its discretion, terminate or deny access to and use of the Website.

Intellectual Property. These Terms of Service do not transfer from MLibrary to you any MLibrary or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MLibrary. MLibrary, the MLibrary logo, Pancreapedia, http://pancreapedia.org/, the Pancreapedia logo, and all other trademarks, service marks, graphics and logos used in connection with Pancreapedia, or the Website are trademarks or registered trademarks of MLibrary or MLibrary’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.

Changes. MLibrary reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Pancreapedia after the posting of any changes to these Terms of Service constitutes acceptance of those changes. MLibrary may also, in the future, offer new services and/or features through the Pancreapedia (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms of Service it effect at that time.

Termination. MLibrary may terminate your access to all or any part of the Pancreapedia at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pancreapedia account (if you have one), you may simply discontinue using the Pancreapedia. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Pancreapedia is provided “as is”. MLibrary and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MLibrary nor its suppliers and licensors, makes any warranty that the Pancreapedia will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Pancreapedia at your own discretion and risk.

Limitation of Liability. In no event will MLibrary, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MLibrary under this agreement during the twelve (12) month period prior to the cause of action. MLibrary shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) your use of the Pancreapedia will be in strict accordance with the Pancreapedia Privacy Guidelines, with these Terms of Service, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside). Further (ii) your use of the Pancreapedia will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless MLibrary, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Pancreapedia, including but not limited to your violation of these Terms of Service.

Miscellaneous. This Agreement constitutes the entire agreement between MLibrary and you concerning the Pancreapedia, and they may only be modified by a written amendment signed by an authorized executive of MLibrary, or by the posting by MLibrary of a revised version. This Agreement shall be governed by the laws of the State of Michigan. The parties understand and expressly agree that any claims, demands, or actions asserted against the Regents of the University of Michigan, its agents, employees, or students shall be brought only in the Michigan Court of Claims, as it is the only court of exclusive jurisdiction over claims against the University of Michigan, a Michigan constitutional corporation. You consent to the jurisdiction of the U.S. District Court for the Eastern District of Michigan or the Washtenaw County Circuit Court for the State of Michigan with respect to any claims arising under this Agreement. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MLibrary may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.