UPDATED: December 7, 2016

This is a legal agreement between you and The University of Chicago (the “University” or “we”) governing your use of this website, any website hosted at globus.org and customer branded Globus websites hosted by us (the "Sites"), and your use or access of any part of the Globus service (together with the Sites, the "Service").  By using the Service, you agree to be bound by these Terms of Service and by the Globus Privacy Policy, which are collectively referred to as the "Agreement." If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by the University from time to time in accordance with the next paragraph, will govern all your future use of the Service.

The University may revise these Terms of Service and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Sites. We recommend that you review this page from time to time to note any changes. By continuing to access or use the Service, you agree to be bound by any Terms of Service and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease using the Service.

We may modify, suspend, or discontinue, temporarily or permanently, the Service at any time, in our sole discretion.

General

The Service enables users to manage files, data, and metadata that they provide ("User Data"), including transferring, sharing, entering, accessing, viewing, processing, and modifying User Data. The only software needed to access the Service is a standard Web browser and standard ssh client. However, we may make certain software applications and libraries, such as Globus Connect and sample client libraries, available to users that offer additional ways to access and integrate with the Service. Such software will be made available under the terms of an end user license agreement, which you should read prior to installing that software.

Accounts

In order to use the Service, you must register and create a Globus account. You may create a Globus account on the sign up and login pages. Once you have created an account, you will be a "Registered User." In creating an account, you agree to provide accurate, current, and complete information.

Your account may have an associated password and other information required for authentication and authorized use of the Service. You agree not to disclose your password or other authentication information to any third party. You agree to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions, except to the extent that your account is hacked or otherwise improperly accessed as a result of or in connection with Globus’ gross negligence or willful misconduct. You will immediately notify Globus of any unauthorized use of your account. You are responsible for keeping your account information current and accurate; the University and its affiliates will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.

Responsibility for Data

You have sole responsibility for all User Data that you manage through use of the Service. You acknowledge and agree that the University and its affiliates will not be responsible for any failure of the Service to manage User Data, for the deletion of User Data managed via the Service, or for the corruption of or loss of any data, information or content contained in User Data.  We strongly recommend that you back up all User Data prior to using the Service.

User Data and Copyright Policy

You will not use the service to transmit, route, provide connections to or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. We reserve the right to terminate, without notice, the accounts of users who infringe or are believed to be infringing the rights of copyright holders.

We reserve the right, in our sole discretion, at any time, to prohibit management of User Data that we believe to be in violation of this Agreement.

Proprietary Rights

All right, title, and interest in and to the Service is and will remain the exclusive property of the University, its licensors and contributors, as applicable. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.

Ownership of User Data

We do not claim any ownership rights in any User Data that you manage through the Service. However, by managing User Data through the Service, you grant the University the non-exclusive, worldwide, non-transferable right, on a royalty-free basis, with a right to sublicense this right only to independent contractors, subcontractors, or other non-employees involved in providing the Service, to use, copy, distribute and process User Data on the Sites and through the Service on your behalf solely for the purposes of managing such User Data.

Trademarks

Globus, the Globus logos, Globus Connect, and all other Globus trademarks, service marks, product names, and trade names of Globus appearing on the Service are owned by the University and its affiliates. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner’s prior written consent.

General Prohibitions

As a condition to your use of the Service, you agree not to:

  • Upload or transmit any User Data: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Data that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Data); (ii) for which you do not have the consent or permission of each identifiable person in the User Data to use the name, voice, signature, photograph, or likeness of each such person (to the extent required by applicable law and to the extent each is implicated by the User Data); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (iv) that is defamatory; (v) that is obscene or pornographic; (vi) that promotes bigotry, racism, hatred, or harm against any individual or group; (vii) that contains any sensitive or national security information, including, but is not limited to, classified information, unclassified controlled nuclear information (UCNI), naval nuclear propulsion information (NNPI), the design or development of nuclear, biological, or chemical weapons, or any weapons of mass destruction; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or could give rise to civil liability;
  • Access, tamper with, or use any non-public areas of the Service or the computer systems or the technical delivery systems of the Service’s providers;
  • Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks, without prior written consent;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
  • Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
  • Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
  • Impersonate or misrepresent your affiliation with any person or entity.

The University will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. The University may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although the University has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. The University reserves the right at all times to disclose, in its sole discretion, any User Data as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what the University considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.

Links

The Service may contain links to third-party websites. You acknowledge and agree that the University and its affiliates are not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by the University or its affiliates of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Termination

The University reserves the right to discontinue the Service or to change the Service at any time and without notice.

If you breach this Agreement, the University will have the right to terminate this Agreement immediately, without notice, and to deactivate your account.

Disclaimer of Warranties

The Service is provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, the University and its affiliates explicitly disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.

Neither the University nor its affiliates make any warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that the University and its affiliates will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.

Indemnity

To the maximum extent permitted by applicable law, you will defend, indemnify, and hold harmless the University of Chicago, its officers, trustees, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Data managed by the Service for you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.

Limitation of Liability

In no event will the University or its affiliates be liable to you or to any third party for any direct, indirect, special, incidental, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Data managed by the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the University or any of its affiliates has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.

Controlling Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and applicable federal laws of the United States of America. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in Cook County, Illinois, and you waive any objection to jurisdiction and venue in such courts.

Entire Agreement

Unless you are a party to an agreement with the University that expressly supersedes this Agreement, this Agreement is the entire and exclusive agreement between the University and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between the University and you regarding the Service.

General

You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger with another party, you grant us the right to assign these Terms of Service to such other party. Nothing in this Agreement shall constitute a partnership or joint venture between you and the University. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. We may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of the University to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.

If you have any questions about this Agreement, please contact Globus at support@globus.org.