THINKCYCLE USER AGREEMENT

DRAFT VERSION 1.1

We don't mean to inundate you with legalese, but we need to make clear our respective rights and responsibilities related to contributing and collaborating using ThinkCycle. Therefore, the administrators of ThinkCycle offer access to the materials and discussion on this site (collectively the "Services") to you subject to the terms and conditions of use ("Terms") contained herein. By accessing, creating or contributing to any Services hosted at http://www.thinkcycle.org, and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before contributing to the site.

1. Rights for the Content You Submit

Default Creative Commons Public License
Unless you specify otherwise, any and all copyrightable work created by you and posted by you to any ThinkCycle Topic, public ThinkSpace or the SoapBox ("Content") is submitted under the terms of an Attribution-NonCommercial Creative Commons Public License. Under this license, you permit anyone to copy, distribute, display, perform and create adaptations of your Content, royalty-free, on the condition that they credit your authorship each time they do so. Licensees may not use the work for commercial purposes unless they get your permission.

Please read the Attribution-NonCommercial Creative Commons Public License (summary) and the Legal Code for the Full License.

Option to Manage Intellectual Property Rights in a Private Space
Members may establish different permissions for access and use of contributions to a ThinkCycle private ThinkSpace. Terms of use of a private ThinkSpace are determined by its members, subject to the conditions of paragraphs 2 through 7 of this user agreement.

2. Use of Your Name

You grant permission to the administrators of ThinkCycle to use your name for purposes of identifying your Content on the ThinkCycle website. You agree to represent yourself accurately. You acknowledge that misrepresentation may lead us, in our sole discretion, to cancel your use of the Services and delete any of your Content.

3. Conduct

Contributing
Those of us who are coordinating the ThinkCycle project believe deeply in academic freedom. Given our role in offering this service and our presence together as part of the extended academic community, however, we must reserve the right to remove certain material that you may post. As a general matter, you may post content freely to public spaces, so long as the content is not illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

You may not use the names of ThinkCycle or its host institution to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as institutionally endorsed by ThinkCycle or any of its hosting institutions is strictly prohibited.

By posting content on ThinkCycle, you warrant and represent that you either own or otherwise control all of the rights to that content, 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. If you do not have such rights, you agree to link to such material without posting any copies to ThinkCycle servers. You represent and warrant also that your content is accurate, to the best of your knowledge, that your content does not violate these Terms, and that you will indemnify and hold ThinkCycle and its host institution harmless for any and all claims resulting from content you supply.

You acknowledge that ThinkCycle does not pre-screen or regularly review posted content, but that it shall have the right to remove in its sole discretion any content that it considers to violate these Terms or the terms of any other host user agreements that may govern your use of its host networks.

Accessing
You understand that all content posted to http://www.thinkcycle.org is the sole responsibility of the individual who originally posted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as representatives of ThinkCycle or its host institutions.

You agree that neither ThinkCycle nor its host institutions will be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Children
Collecting personal information from children under the age of 13 is prohibited. No Content should be directed toward such children without the express written permission of ThinkCycle administrators:

4. Disclaimer of Warranties and Limitation of Liability

This site is provided on an "as is" and "as available" basis. ThinkCycle and its host institutions make no representations or warranties of any kind, express or implied, as to the site's operation or the information, content or materials included on this site. To the full extent permissible by applicable law, the administrators of ThinkCycle and its host institutions hereby disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. Neither ThinkCycle nor its hosts will be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk.

5. Privacy Policy

You agree to the terms of our Privacy Policy, which is incorporated herein by reference.

6. Modification of These Terms of Use

The administrators of ThinkCycle reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.

7. Copyright Complaints

ThinkCycle respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please follow our instructions for reporting copyright infringements.

By clicking on the link below, you acknowledge that you have read and are bound by this agreement, as well as any other host network usage agreements that may govern conduct on this web site. Thank you for participating in the ThinkCycle initiative. Please do not hesitate to contact us at if you have questions.

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View or Post comments on the ThinkCycle User Agreement
Note: This Agreement will be activated after Public Comment by June 15, 2003.