Terms of Use for CreateUK (“Terms”)

Service Description

CreateUK (https://createuky.net/) is an online space the University of Kentucky (UK) Libraries provides for UK faculty and students to create, manage, and share their research outputs and academic work in digital form for a limited time. It supports such platforms as Grav, Omeka®, Scalar, and WordPress®, among others. Users agree to abide by the following Term when they sign up for CreateUK.

UK Libraries reserves the right to update the Terms or discontinue the availability of CreateUK anytime without prior notice. Questions and comments about CreateUK or its contents can be directed to UK Libraries at CreateUK@lsv.uky.edu.

User Eligibility

UK faculty may request an account for their digital scholarship project provided that they have a sustainability plan that includes the migration of content to another platform by the end of June 2022.

UK instructors may request hosting space for their courses with the expectations that they and their students will use CreateUK for teaching and learning purposes only. Space allocated to a course will no longer be available three months after the conclusion of the course unless the instructor requests a renewal of the space allocation before the three-month deadline.

Faculty and instructors’ access to CreateUK will expire upon their departure from UK.

UK students are eligible to be CreateUK users through their course enrollments or on an individual basis. Access to allocated space will become unavailable three months after completion of the course, graduation, suspension, or withdrawal.

Alumni, retired UK employees, and other affiliated members of the UK community are not eligible for this service.

UK Libraries employees may also request an account, with preference for those who support or are engaged in digital scholarship activities.

Users interested in transferring ownership of an allocated space or exporting content from CreateUK can contact UK Libraries at CreateUK@lsv.uky.edu for information.

Compliance with Laws and Policies

Users of CreateUK must abide by the following laws and policies:

Responsibility for Content and Conduct

Users are responsible for adhering to the highest standard of ethical, responsible, and considerate use of CreateUK. Under no circumstances can CreateUK be utilized for purposes that are unauthorized or prohibited by law. Users will be held accountable for any misconduct or unethical use of CreateUK.

Users may not utilize CreateUK to organize or engage in fund-raising or any commercial activities. Commercial advertising on CreateUK is prohibited.

Users may not utilize CreateUK to create or transmit false or deceptive information, misguided alerts, or warnings. Participation in any fraudulent or unlawful activities via CreateUK is prohibited.

Under no circumstances can users convey the impression that they represent or make statements on behalf of UK or any units of UK. Users may not utilize the emblems, logos or other trademarks of UK and its units without prior written permission from an authorized UK official.

Each CreateUK account has two GB of storage space for the installations of applications and files.

Contents on CreateUK are by default open and viewable by all site visitors unless users set up access restrictions. Users are solely responsible for what they post on CreateUK. To protect privacy, users may not collect, store, or display personally identifiable information such as home addresses and social security numbers. Users may not post content on behalf of any entities or anyone other than themselves.

Users agree to post this disclaimer on their sites:
“Content posted on CreateUK represents the views and opinions of the site creator and does not constitute a communication or content from the University of Kentucky Libraries, and the University of Kentucky.”

UK respects copyright law and expects its users to do the same. UK may terminate user access for those who infringe the rights of copyright holders. For purposes of the Digital Millennium Copyright Act (“DMCA”), if you claim infringement or have any objections governed by the DMCA, please contact UK Libraries at CreateUK@lsv.uky.edu. UK reserves the right to respond to communications that are relevant for this purpose; however, UK does not warrant that use of any content will not infringe the rights of others.

Questions about user responsibility can be directed to UK Libraries at CreateUK@lsv.uky.edu.

Roles of UK Libraries

UK Libraries and its employees have full access to all CreateUK user accounts and related contents for the purpose of system management. UK Libraries will conduct investigation as appropriate in response to questions or complaints about content posted on CreateUK.

In the event that the content is found to be inappropriate or in violation of the above-mentioned laws or policies, UK Libraries may remove or limit access to the concerned content without prior notice. UK Libraries may also suspend or terminate the account of the concerned user at its discretion. Anyone who repeatedly violates the above-mentioned laws or policies will be subject to a permanent ban on using CreateUK.

Users in need of basic technical support for their use of CreateUK can contact UK Libraries at CreateUK@lsv.uky.edu. Requests for assistance with copyright, metadata, or digital literacy can also be directed to UK Libraries at the same e-mail address.

Other Disclosures and Disclaimers

Access to CreateUK is voluntary and at the sole risk of the User. Any content contained on CreateUK is provided on an “as is” basis. If a User relies on any content, the User does so solely at their own risk. UK makes no endorsements, representations, or warranties with respect to CreateUK or its contents. Without limiting the foregoing, UK explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. UK makes no warranty that CreateUK will meet a User’s requirements or be available on an uninterrupted, secure, or error-free basis, or that defects will be corrected. UK makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of CreateUK or its content. UK assumes no responsibility, and will not be liable, for (i) any errors or omissions in the CreateUK content, (ii) damage to or viruses that may infect a User’s electronic equipment or other property on account of a User’s use of CreateUK or a User’s downloading of any content from CreateUK, or (iii) any damage arising in connection with any failure of performance, interruption, defect, delay in operation or transmission, or line or system failure. All product or service marks contained in CreateUK that are not UK marks are the trademarks of their respective owners.

Limitation of Liability

Neither UK, its suppliers or licensors, nor any party involved in creating, producing, or delivering the CreateUK for UK will be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of inability to use CreateUK or its content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not UK has been informed of the possibility of such damage, even if a limited remedy set forth in these Terms is found to have failed its essential purpose. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between UK and each User.

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between UK and each User regarding CreateUK and its content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between UK and each User regarding CreateUK and its content. UK expressly reserves all rights that it does not expressly grant in these Terms.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

UK’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right of provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of UK.

Request for User Account

If you are an eligible user and agree to abide by these Terms, please complete and submit an account interest form (https://createuky.net/interest-form/) for CreateUK.

Questions and comments about CreateUK or its contents can be directed to UK Libraries at CreateUK@lsv.uky.edu.

Last Updated: 12/17/2019