terms

Terms of Use

By downloading, receiving, or otherwise accessing or using UMORF Data provided by the UMMP, you agree to be bound by these Terms of Use.

  1. Usage and Registration

1.1 The University of Michigan Museum of Paleontology (“UMMP”) has made certain digital fossil specimen data (“UMORF Data”) available to you in the University of Michigan Online Repository of Fossils (“UMORF”), which can be found at umorf.ummp.lsa.umich.edu (the “Site”).  The Regents of the University of Michigan (“Michigan”) grants you a non-exclusive, revocable, non-sublicensable, and non-transferable license to use the “UMORF Data made available to you by the University of Michigan Museum of Paleontology (“UMMP”) in the UMORF for education and research purposes only.  For the avoidance of doubt, any actual or intended commercial use requires separate and prior written permission from the UMMP.  Permission requests can be made by emailing Paleo-Museum@umich.edu or by calling (734)764-0489.

1.2. When you visit the Site, you have the option of creating an account.  In order to create an account, you must provide your name, email address, and affiliation.  We will handle your personal information in accordance with our Privacy Policy.  If you create an account, you are responsible for the confidentiality of your log-in credentials, for keeping your information accurate, and for any activity resulting from the use of your log-in credentials on the Site.  If you create an account, you may download UMORF Data and use it in accordance with these Terms.  If you do not create an account, you may view but not download the UMORF Data in accordance with these Terms.

1.3 Redistribution or sublicensing of the UMORF Data is prohibited.  Deposition of UMORF Data in repositories requires separate and prior written permission from the UMMP. Additionally, production of 3D prints or other physical replicas derived from the UMORF Data also requires separate and prior written permission from the UMMP except where permission to create 3D prints is explicitly granted to registered users in the metadata or README.txt files of a specific fossil specimen.

1.4 You agree to provide the UMMP with copies of digital derivatives you produce from the UMORF Data if you create an account and are permitted to download the UMORF Data, including but not limited to measurements, renderings, segmented data, 3D meshes, rigged meshes, animations, and annotations, if requested.  Michigan may use these digital derivatives for research and educational purposes.

1.5 You must comply with any additional restrictions (e.g., copyright or privacy rights) specified in metadata and/or README.txt files associated with the UMORF Data. You may not remove any proprietary notices included with or in the UMORF Data.  You agree that you will not bypass, circumvent, or attempt to bypass or circumvent, any feature of the Site or any measures that we may use to prevent or restrict access to UMORF Data or the Site, including but not limited to downloading UMORF Data without registering for an account.

  1. Publication

2.1 You shall notify the UMMP of all authored/co-authored publications in which UMORF Data are used upon acceptance to a publication and provide copies if requested.

  1. Attribution

3.1 The author and source of the UMORF Data must be cited in publications and other works as follows: “UMORF data is provided courtesy of the University of Michigan Museum of Paleontology”.  Additionally, the catalog number and URL of each specimen represented in the dataset must also be included in the attribution (e.g., “specimen UMMP 117677, URL https://umorf.ummp.lsa.umich.edu/wp/specimen-data/?Model_ID=1306”).

  1. Disclaimer of Warranty; Limitation of Liability

4.1 UMORF Data and associated information are provided on an “as is” basis, and Michigan specifically disclaims any and all warranties or conditions of any kind, whether express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. Additionally, Michigan has no obligation to provide you with any maintenance, support, or updated UMORF Data at any time.

4.2 IN NO EVENT WILL MICHIGAN, INCLUDING ITS REGENTS, FELLOWS, OFFICERS, EMPLOYEES AND AGENTS (the “Michigan Parties”), BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY (a) DIRECT; (b) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (c) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (d) LOSS OF GOODWILL OR REPUTATION; (e) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA OR BREACH OF DATA OR SYSTEM SECURITY; OR (f) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER A MICHIGAN PARTY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

  1. Reservation of Rights

5.1 Michigan reserves all rights not expressly granted to you in these Terms of Use.

5.2 These Terms of Use may change without notice.  Changes shall be effective upon posting, and you are encouraged to check regularly for updates.

  1. Applicable Law

6.1 These Terms of Use will be governed by and construed under the laws of the State of Michigan. Any actions in regard to these Terms of Use will be heard, decided, and resolved in the Michigan Court of Claims.

  1. No Assignment

7.1 You may not assign or transfer any of your rights or delegate any of your obligations hereunder to any third party.

  1. Compliance with Law

8.1 You may not use the UMORF Data in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

8.2  The rights granted to you in these Terms of Use are subject to any restrictions or any rights required to be granted under prior research or sponsorship agreements, or retained by the U.S. government, for example in accordance with Chapter 18 or Title 35 of U.S.C. 200-212 and the regulations thereunder (37 CFR Part 401), when applicable.  You agree to comply in all respects, and shall provide us with all reasonably requested information and cooperation for us to comply with applicable provisions of the same and any requirements of any contracts between us and any agency of the U.S. government that provided funding for the subject matter hereof.

  1. Termination

9.1 Michigan may terminate your right to use the UMORF Data at any time or.  Upon termination, you agree to cease using the UMORF Data, delete or destroy all copies of the UMORF Data, and certify in writing to UMMP that the UMORF Data has been deleted or destroyed.