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OpenTour Builder Terms of Service
Last modified April 26, 2022
These Terms of Service apply to use of the ECDS installation of the ECDS OpenTour Builder software.
Please contact ECDS at ecds@emory.edu with any questions about copyright infringement.
Thank you for using OpenTour Builder. OpenTour Builder ("OpenTour") is a service made available by the Emory Center for Digital Scholarship (“ECDS”, “we” or “us”), which is part of Emory University and is located at 540 Asbury Circle, Atlanta, Georgia 30322, USA. These OpenTour Builder Terms of Service (which we refer to as the “Terms”) are a legally binding agreement between you and Emory University. They cover your use of and access to OpenTour Builder and information you personally create or supply that is entered into OpenTour Builder ("Content"). Your use of OpenTour Builder requires that you agree to the Terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use OpenTour Builder. By using OpenTour Builder, you are agreeing to the Terms.
Your OpenTour Account. You will need an OpenTour Account in order to use the tour creation features of OpenTour. In order to create an OpenTour Account you will need to authorize ECDS to securely connect to your social media account (Facebook, GitHub, Google, or Twitter) which will confirm your ownership of your social media account and provide the ECDS with a token that enables you to securely log in to OpenTour. To protect your OpenTour Account, keep your connected social media account passwords confidential.
Your Tour Site Access. All tours in OpenTour are created within a Tour Site, a set of tours at a single URL subdomain ("Tour Site"). You will need direct contact with an OpenTour admin in order to access a Tour Site and be able to create tours. The OpenTour administrator will add permissions to your OpenTour Account so that you can access a Tour Site, edit Tours, and make public ("publish") Tours.
Your Conduct. Don’t misuse OpenTour. You may use OpenTour only as permitted by law and these Terms. You are responsible for your conduct and your Content stored in OpenTour and shared publicly. Your Content should not include any material that is illegal or that infringes or otherwise violates the rights of anyone else, including any rights they may have under the law of copyrights, trademarks, trade secrets, or privacy. Your Content should not be defamatory. ECDS may review your conduct and Content in OpenTour for compliance with the Terms. You are responsible for the activity that happens on or through your OpenTour Account and Content on your Tour Site. ECDS reserves the right to remove any Content that does not comply with these Terms or for any other reason.
Suspension and Termination. You can stop using OpenTour at any time. We may suspend or permanently disable your access to OpenTour if you violate our Terms or policies or for any other reason. We will attempt to give you notice of any suspension or disabling of your access to OpenTour based on the contact information available to us, but (i) any such notice may arrive after suspension or disabling has occurred; (ii) any failure to receive notice does not limit our right to disable or suspend your account; and (iii) we may suspend or disable your access to OpenTour without notice if you are using OpenTour in a manner that could cause us legal liability or disrupt other users’ ability to access and use OpenTour. We respond to notices of alleged copyright infringement and will remove Content and terminate accounts of infringers in accordance with the U.S. Digital Millennium Copyright Act.
Emails. ECDS receives your email address through your connected social media account. In connection with your use of OpenTour Builder, we may send you information related to OpenTour Builder functions or updates.
Ownership, Licenses. OpenTour Builder allows you to create, modify, delete, and link to or iframe Content. You retain ownership of any intellectual property rights that you hold in that Content. When you create, upload, submit, store, send, or receive Content to or through OpenTour, you give ECDS (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from adaptations or other changes we make so that your Content works better with OpenTour), communicate, publish, publicly perform, publicly display, and distribute such Content. The rights you grant in this license are for the limited purpose of maintaining, operating, promoting, and improving OpenTour and its features. This license continues even if you stop using OpenTour unless you delete your Content. Make sure you have the necessary rights to grant us this license for any Content that you submit to OpenTour.
Sharing Your Content. Sharing settings in OpenTour allow you to share ("publish") your Content for the public to view. You can also share access to your Tour Site admin, allowing other OpenTour users to add to, modify, and delete your Content. The sharing features of OpenTour are a critical part of the OpenTour app, but please understand that they may enable third parties to use and access your Content in ways that ECDS cannot control or undo.
Privacy, Data Security. Any Content you submit to OpenTour will be stored and may be accessible to site administrators, who may access and use your Content for the purposes described in the license above.
Your Content will not be publicly accessible unless you elect to make your Content public. Before you choose to make your Content publicly accessible, please be sure you understand the consequences. Third parties will be able to access, reproduce, and use any Content you make public, and ECDS cannot undo or exercise any control over such activity.
The regular operation of OpenTour will not make your Content public unless you choose to do so. We are not responsible for ensuring the privacy of your Contentand we are unable to guarantee that your Content will remain stable, uncorrupted, functional, or error free.
OpenTour collects and stores basic information about your social media account profile when you create your OpenTour Account. OpenTour only uses this information to facilitate your ability to securely log in to OpenTour and will not make it public.
Indemnification. You will hold harmless, defend, and indemnify Emory University and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to your use of OpenTour, any Content, or any violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
OpenTour Builder is open source software licensed under the MIT License. ECDS promotes the development and use of open source software and invites collaboration in the further development of OpenTour Builder. You can download and install OpenTour and see our license from the ECDS GitHub account.
Changes to OpenTour or these Terms. We are continuing to improve and develop OpenTour. You acknowledge that the form and nature of OpenTour may change from time to time. We will endeavor to provide public notice of material changes to OpenTour that we reasonably believe will adversely impact your use of OpenTour. However, there are times when we will make changes to OpenTour without giving notice.
Discontinuation of OpenTour. We reserve the right to discontinue development or maintenance of OpenTour. We also reserve the right to discontinue this OpenTour site (https://opentour.site/). Contact ecds@emory.edu if you have questions about preserving your Content in OpenTour in the event of discontinuation.
A great deal of work has gone into the creation of OpenTour, and we are regularly working to maintain and improve OpenTour. But there are certain things that we don’t promise about OpenTour.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER EMORY UNIVERSITY NOR ANY OF ITS AFFILIATED ENTITIES MAKE ANY SPECIFIC PROMISES ABOUT OPENTOUR. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN OPENTOUR, THE SPECIFIC FUNCTIONS OF OPENTOUR, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OPENTOUR “AS IS.” TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE AND DISCLAIM ALL WARRANTIES.
NEITHER EMORY UNIVERSITY NOR ANY OF ITS AFFILIATED ENTITIES WILL BE RESPONSIBLE FOR (1) ANY LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, (2) ANY LOST, DESTROYED, OR CORRUPTED DATA OR INFORMATION, (3) ANY DATA OR INFORMATION THAT IS ACCESSED BY THIRD PARTIES WITHOUT AUTHORIZATION, OR (4) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EMORY UNIVERSITY AND ANY OF ITS AFFILIATED ENTITIES, FOR ANY CLAIMS UNDER THESE TERMS OR ANY CLAIM ARISING FROM YOUR USE OF OPENTOUR, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE OPENTOUR (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH OPENTOUR AGAIN).
IN ALL CASES, EMORY UNIVERSITY AND ALL ITS AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
The laws of the State of Georgia, USA, excluding Georgia’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or any other matter relating to your use of OpenTour. All claims arising out of or relating to these Terms or OpenTour must be litigated exclusively in the state courts of DeKalb County, Georgia, USA, or the federal courts in the United States District Court for the Northern District of Georgia. You and Emory consent to personal jurisdiction in those courts and waive any objections based on improper or inconvenient forum.
We may modify these Terms and supply additional terms that apply to OpenTour. Changes may be needed for a variety of reasons, such as: new features or other modifications of OpenTour; changes in law, custom, or political or economic policy; new guidelines issued by regulators or relevant industry bodies; or the operational, compliance, or other needs or obligations of ECDS. We’ll post notice of modifications or additions to these Terms on this page. You should visit this page regularly to check for updates. We will make every effort to provide you with advance notice of any material changes or additions to these terms. Modifications or additions to these Terms will go into effect as of the date indicated on this page, and some changes may be effective immediately. If you do not agree to any new or modified terms, you should discontinue your use of OpenTour. These Terms control the relationship between ECDS and you. They do not create any third party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
For information about how to contact ECDS, please visit our contact page.