IEEE Collabratec® Terms of Use

a. IEEE respects the rights of copyright holders. All Authorized Users are required to abide by all terms and conditions that may apply to any, and all, material that is used and shared by an Authorized User in IEEE Collabratec.

b. All Content uploaded by the Authorized User is stored at the request of the Authorized User.

c. Authorized User understands and agrees that IEEE will not review Content prior to inclusion in IEEE Collabratec.

d. IEEE does not review Content prior to its inclusion in IEEE Collabratec.

e. Except for Content and User Generated Content, Authorized User understands and agrees that Authorized User shall have no intellectual property ownership associated with IEEE Collabratec. IEEE Collabratec is the exclusive intellectual property of IEEE and its licensors.

f. By using IEEE Collabratec, Authorized User indicates, warrants, and represents that they have the full right to use any intellectual property, including but not limited to Content and User Generated Content, they have obtained any and all permission necessary prior to use, and that the use of any such intellectual property does not violate the intellectual property rights of any third party.

g. If an Authorized User gains access to Content through a subscription and/or license agreement the IEEE Collabratec Terms of Use shall not be deemed to modify the rights and responsibilities of the parties to such agreements.

h. IEEE has adopted and implemented a policy that responds to possible violations of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IEEE's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

iv. Information reasonably sufficient to permit us to contact the complaining party;

v. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For notice of claims of copyright infringement on or regarding these sites, IEEE's Copyright Agent can be reached as follows:

Copyright Agent
445 Hoes Lane
Piscataway, NJ 08854
Phone: +1 732 562 3966
Fax: +1 732 562 1746
E-mail:copyrights@ieee.org

a. IEEE reserves the right to suspend or cancel an Authorized User account, at the sole discretion of IEEE, for any of the following reasons:

i. Misrepresentation of information by an Authorized User;

ii. Violation of intellectual property rights;

iii. For the protection of IEEE Collabratec from any threat perceived by IEEE;

iv. If the Authorized User violates the Terms of Use;

v. Violation of any IEEE Policies (PDF, 636 KB);

vi. Engaging in conduct that is illegal, inappropriate, profane, obscene, defamatory, inflammatory, or unethical;

vii. Use of IEEE Collabratec to facilitate unauthorized public sharing of Content;

viii. Engaging in electioneering;

ix. Engaging in conduct that is intended to harm any other person in any way;

x. Attempting to compromise the Authorized User account or privacy of another Authorized User;

xi. Failing to take reasonable efforts to protect an Authorized User account;

xii. Use of IEEE Collabratec to conduct any technology based harm including, but not limited to, distribution of viruses, spyware, adware, malware, unauthorized extraction of data, interruption or disruption of networks or accounts connected to IEEE Collabratec, or spam;

xiii. In the event IEEE decides to suspend or terminate IEEE Collabratec.

b. Should an Authorized User be found to be in violation of the Terms of Use, IEEE, at its sole discretion may take any of the following action(s) as it deems necessary:

i. Termination of Authorized User’s IEEE Collabratec account;

ii. Suspension of Authorized User’s account;

iii. Termination or suspension of access to certain portions of IEEE Collabratec;

iv. Removal or suspension from Groups and/or Communities;

v. Removal of Content or User Generated Content;

vi. Issuance of a notification of violation;

vii. Proceedings before the IEEE Ethics and Member Conduct Committee;

viii. Disclosure of Authorized User’s identity to law enforcement or third parties in connection with legal action;

ix. Legal action;

x. Any other action available to protect IEEE, its members, volunteers, employees, agents, subsidiary organizations, etc.

c. In the event an Authorized User believes their account has been compromised in any way Authorized User should contact supportcenter@ieee.org immediately. IEEE reserves the right to suspend or terminate Authorized User’s account at its own discretion as a result of the investigation IEEE may conduct.

If any provision or provisions of the IEEE Collabratec Terms of Use become or are found to be invalid, illegal, unenforceable, or in conflict with the laws of any jurisdiction the remaining provisions of the IEEE Collabratec Terms of Use shall be deemed to remain in effect to the maximum extent possible.

a. IEEE Collabratec may present links to third party websites and services. Authorized Users understand and agree that IEEE is not responsible for, nor does it have any control over, the content made available at any such links.

b. Nothing in the Terms of Use is intended to modify or relieve Authorized Users from any obligation, duty, or responsibility created under any third party agreements including but not limited to licensing agreements, terms of service, and privacy policies.

IEEE COLLABRATEC IS PROVIDED TO LICENSEE “AS IS” AND “WITH ALL FAULTS.” IEEE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY OR COMPLETENESS OF IEEE COLLABRATEC , OR THAT AUTHORIZED USER’S USE OF THE LICENSED PRODUCTS WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET AUTHORIZED USER’S REQUIREMENTS; (C) THE WARRANTIES OF TITLE AND NONINFRINGEMENT. AUTHORIZED USER ACKNOWLEDGES AND AGREES THAT THE CONTENTS OF IEEE COLLABRATEC ARE SUBJECT TO CHANGE; (D) ANY CONDUCT, CONNECTION, OR COMMUNICATION CREATED AS A RESULT OF INTERACTION WITH OTHER AUTHORIZED USERS.

a. TO THE MAXIMUM EXTENT POSSIBLE, AUTHORIZED USER ASSUMES ALL LIABILITY FOR USE OF IEEE COLLABRATEC. IN NO EVENT SHALL IEEE BE LIABLE TO THE AUTHORIZED USER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS OCCASIONED BY OR RESULTING FROM ANY USE OF IEEE COLLABRATEC.

b. IEEE UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY DEFECTS OR FAILURES IN ANY COMMUNICATIONS LINES, THE INTERNET OR INTERNET SERVICE PROVIDER, AUTHORIZED USER’S COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE USED TO ACCESS IEEE COLLABRATEC OR TO AUTHENTICATE ANY USER AS AN AUTHORIZED USER. AUTHORIZIED USER ACKNOWLEDGES AND AGREES THAT IEEE IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY INFORMATION OR DATA CONTAINED IN IEEE COLLABRATEC AND IEEE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM RELIANCE ON ANY SUCH INFORMATION OR DATA UNDER ANY CIRCUMSTANCES.

c. To the extent IEEE Collabratec contains any third party information, products, or services IEEE expressly disclaims any ownership, liability, or responsibility for the presentation or use of all such content.

Authorized User agrees to indemnify and hold IEEE harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of IEEE Collabratec, including, but not limited to, the infringement of intellectual property.

If any provision of the Terms of Use shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its unenforceability. Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of the Terms of Use.

The Terms of Use are an agreement made under the laws of the State of New York. Authorized User understands and agrees that the State of New York shall have exclusive jurisdiction to resolving all disputes.

Comments and questions regarding IEEE Collabratec can be addressed to supportcenter@ieee.org .

Date
23 May 2018 
Ver 2.0