Welcome to the IOPN Commons (also referred to as “Commons” or “Network” or “Site”), a community research network provided by the Illinois Open Publishing Network (also referred to as “IOPN” or “we” or “us” or “our”), a part of the University of Illinois at Urbana-Champaign.
We reserve only the rights necessary to facilitate the dissemination of content and material on this Site. We support the intellectual property rights of the authors of those materials. We also support the use of open source software and the widespread dissemination and use of online materials consistent with the rights of our users and applicable law.
Invited users may register on the Site. We will take all reasonable measures to keep information and users safe.
We hope your experience with the IOPN Commons will be enjoyable and productive.
The IOPN Commons is located at https://iopn.library.illinois.edu/cbox/ .
Terms that Govern the Use of the IOPN Commons.
- General Use of the Site and Agreement to these Terms.
If you are a registered user, when you click on the “Complete Sign Up” button on the Register page, you signify that you have read, understand, and agree to these Terms.
If you are a non-registered “public” user, accessing the Site signifies that you have read, understand, and agree to these Terms. If you do not agree to these Terms, you are not authorized to use the Site.
Unless otherwise agreed to, you are subject to these Terms, and any additional terms that may apply. These additional terms, if any, will be available through the Site. All of these terms create a legal agreement between you and the Site and supersede any prior agreements between you and the Site.
IOPN offers use of the Commons under the auspices of the Policy on Appropriate Use of Computers and Network Systems at the University of Illinois at Urbana-Champaign (found at http://cam.illinois.edu/viii/viii-1.1.htm), and the Policy on Use of University Name, Image, or Logos (found at http://cam.illinois.edu/iii/iii-16.htm). IOPN does not bear responsibility for any action that is taken as required by the Appropriate Use policy.
- Rights and Obligations Related to Content and Material.
The Site and its Contents are protected by copyright pursuant to U.S. and international copyright laws.
a. Your Responsibilities.
If you operate a blog or website, comment on a blog, post material or links to any part of the Site, or otherwise make material available by means of the Site (any such material, “Content”), you are responsible for the Content and any harm resulting from it.
You warrant and represent that you either own or otherwise control all of the rights to Content you provide to the Site, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Content, or that your use of the Content is a protected fair use. You warrant and represent also that the Content does not violate these Terms and that you will indemnify and hold harmless IOPN from any claims arising from Content you provide.
You may not copy, distribute transmit, publicly display, publicly perform, participate in the transfer or sale of, create new works from, or in any way exploit, any of the Content on the Site (including software) in whole or in part in any manner unless it is consistent with, and authorized by, the Creative Commons Attribution NonCommercial Share Alike 3.0 license (see 2.c below), other Creative Commons license, or other more restrictive rights applicable to the Content.
b. License to IOPN.
By posting Content on this Site, you are granting IOPN a nonexclusive, royalty free, perpetual, and worldwide license to use the Content on the Site until you remove or delete it, including but not limited to, the right to copy, distribute, transmit, publicly display, publicly perform, edit, translate, and reformat the Content, and/or to incorporate it into a collective work.
If you delete Content, IOPN will use reasonable efforts to remove it from the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Whenever possible, we will credit you as an author, and by posting Content on the Site you agree to give IOPN the right to use your name for attribution purposes.
c. License to Site Users.
Unless you specify otherwise, all Content you submit to the Site is submitted under the terms and conditions of a Creative Commons Attribution NonCommercial Share Alike 3.0 license, or any successor or equivalent Creative Commons license. Under the terms of this license, you permit anyone to copy, distribute, transmit and adapt your Content, royalty-free, for non-commercial purposes on the condition that they credit your authorship each time they do so. You also permit others to distribute derivative works of your Content, but only if they do so under the same Attribution Non-Commercial ShareAlike license that governs your Content. Please read the full text of the Attribution NonCommercial ShareAlike 3.0 license (which includes a link to the full Creative Commons Legal Code).
This license also permits RSS aggregators to copy, distribute, display, and perform any of your Content that you syndicate using RSS. If you want to offer your Content under a different Creative Commons license, indicate on your blog, website or posting the license that applies.
You may offer your Content on a more restrictive basis by removing the Creative Commons logo and link from the blog, website or posting and labeling your Content with a full copyright notice: your name, the word “copyright” or symbol © and the year it was first published.
For all Creative Commons licenses, see http://creativecommons.org/about/licenses/.
- Reporting Violations or Concerns.
If you have reason to believe that any Content or activity on this Site violates these Terms or is illegal or inappropriate, or to report any other abusive behavior in connection with the Site, please contact us by email at iopn-admin[at]library.illinois.edu or write to: Harriett Green, Head of Scholarly Communication and Publishing, University of Illinois at Urbana-Champaign, 1408 W. Gregory Dr., 450P Library, MC 522, Urbana, IL 61801, green19[at]illinois.edu. If you do not include an electronic signature with your claim, we may ask you to submit a signed paper copy.
The Illinois Open Publishing Network and University of Illinois at Urbana-Champaign comply with the Digital Millennium Copyright Act (DMCA) and all laws and institutional policies on copyright. If you have reason to believe that any Content or activity on this Site is infringing on rights owned by you or another (provided you are authorized to act of behalf of the person), please review University of Illinois’s DMCA information for assistance in making a claim.
These Terms will continue to apply until terminated by either you or IOPN.
Each party has the right to terminate this Agreement in the event a party is in breach of this Agreement and does not cure any such breach within 30 days of written notice from the non-breaching party. Such termination shall be effective upon the date of written notice to the breaching party of its failure to timely cure the breach. In the event you are in breach for activities that do not comply with the terms of this Agreement, including any activity that infringes the rights of third parties or otherwise violates an your warranties pursuant to Section 2a of this Agreement, IOPN has the right to take down and retract any such published Work or pursue other remedies as permitted by applicable law.
5. GENERAL TERMS
5.1 Amendments: No amendment may be made to this Agreement unless made in writing and signed by authorized representatives of both parties.
5.2 DISCLAIMER. IOPN makes no representations, and disclaims all warranties, expressed or implied, including any warranties of merchantability, fitness for a particular purpose and non-infringement, regarding all services, deliverables, goods, and facilities furnished to Author under this agreement.
5.3 Independent Contractor: The parties are independent contractors with respect to each other. Nothing in this Agreement is intended to create any association, partnership, joint venture, or agency relationship between them.
5.4 Use of Name: You shall not use “Illinois Open Publishing Network,” “IOPN,” or University of Illinois name for any commercial purpose without IOPN or University of Illinois’ advance written consent. You shall not use University of Illinois marks for any purpose without Illinois’ advance written consent.
5.5 Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the provision shall be severed from this Agreement so long as severance does not affect the enforceability or essential purpose of the remainder of the Agreement.
5.6 Equal Opportunity: This Agreement incorporates the Equal Employment Opportunity Clause at Section 750.10, Appendix A of the Illinois Department of Human Rights Rules.
5.7 Non-Exclusivity: This Agreement is non-exclusive. IOPN may perform the same or similar services for other authors and users.
5.8 Counterparts/Facsimile Signatures: This Agreement may be signed in counterparts. Facsimile signatures constitute original signatures for all purposes.
5.9 Choice of Law and Jurisdiction: This Agreement shall be interpreted by application of Illinois law without regard to its conflicts provisions. To the extent of any litigated dispute, the parties agree that all proceedings or actions arising out of or in connection with this Agreement shall be litigated in courts located within the State of Illinois.
5.10 Integration: This Agreement with its attachments, amendments, and incorporated references constitutes the parties’ entire agreement regarding the subject matter.
5.11 Authorized Signatories: The individuals signing this Agreement on a party’s behalf represent that they have the requisite authority and intent to bind that party to this Agreement.
5.12 No Warranties and Disclaimer of Liability: IOPN shall take the same care of the property in its hands under this Agreement as it does of its own property but shall not be responsible to you for loss of or damage to the property that is in its possession, in the possession of its independent contractors, or in the possession of anyone else to whom delivery is made by IOPN in the normal course of its operations unless it receives a written request to keep the same insured at a specified value, at your expense. You should keep copies or backups of all manuscripts and other material included in the Site.
5.13 IN NO EVENT SHALL THE BOARD OF TRUSTEES OF THE UNIVERSITY OF ILLINOIS OR ITS AFFILIATES, INCLUDING IOPN, ITS INDIVIDUAL TRUSTEES, DIRECTORS, OFFICERS, FACULTY, STAFF, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS PROFITS TO ANY AUTHORS OR OTHER CONTRIBUTORS OF SITE CONTENT.
We reserve the right to change, at any time, at our sole discretion, these Terms. You are responsible for regularly reviewing these Terms. Your continued use of the Site constitutes your agreement to all of these Terms.
7. Right to Remove Content and Discontinue Service.
IOPN has the right (though not the obligation) in their sole discretion to refuse or remove any Content at any time that violates these Terms or any University of Illinois policy, or applicable federal or state statutes, or common laws.
IOPN also reserves the right to modify, suspend or discontinue the Site, with or without notice, at any time and without any liability to Site users.