Terms of Use

Overview

Welcome!

The Public Index is produced and managed by the Public-Interest Book Search Initiative at New York Law School. The Public Index enables users to discuss the proposed settlement of the Google Book Search lawsuit and other related issues.

When you use the Public Index, we require that you abide by some simple terms and conditions. They are described in this document, and also in our Privacy Policy, in our Code of Conduct, and in our DMCA Policy. (“Terms of Use” means all four of these documents.) Please read the Terms of Use carefully. If you do not agree to all of them, you are not permitted to use the Public Index. We will treat your continued use of the site as indicating that you agree to abide by the Terms of Use.

1: Definitions

Throughout the Terms of Use, “we” and “us” refer to the Public-Interest Book Search Initiative and New York Law School, and “Public Index” refers to the Public Index website located at nylssites.wpengine.com/thepublicindex. “Content” means comments, discussion board threads, links, documents, and any other material uploaded to the Public Index or made available through it. “Users” refers to anyone who access, views, or contributes Content to the site, including you.

2: Age Restriction

If you are under 13 years old, you may not use the Public Index. We’re sorry.

3: Not Legal Advice

The materials contained on this Public Index are not intended to constitute legal advice, and do not represent a complete and thorough interpretation of the relevant law. You should consult your own legal counsel for advice on any specific legal question.

4: Privacy

We strongly believe in user privacy. Our Privacy Policy, describes the very limited ways we collect and use information about you. If you do not consent to any of these uses, you may not use the Public Index.

5: Your Account

If you create an account on the Public Index, you are responsible for maintaining the security of your account, and you are fully responsible for all use of the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any of your acts or omissions, including any damages of any kind that result from your acts or omissions.

6: Code of Conduct

Everything you do on the Public Index is subject to the Public Index Code of Conduct. Mutual respect among users and respect for the legal rights of others are important to us. If you do not accept the Code of Conduct, you may not use the Public Index.

7: Responsibility of Users

If you upload any Content to the Public Index, you are entirely responsible for the contents of, and any harm resulting from, that Content. By making Content available, you represent and warrant that:

  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
  • the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

Without limiting any of those representations or warranties, we have the right (though not the obligation) to, in our sole discretion (i) refuse or remove any content that, in the our reasonable opinion, violates any of these Terms of Use or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Public Index to any individual or entity for any reason, in our sole discretion.

8: License Grant

By submitting Content to the Public Index for inclusion on the Public Index, you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, display, modify, adapt, and publish the Content on the Public Index, in promotional materials, in reports on the project, and other similar materials related to the Public Index. If you delete Content, We will use reasonable efforts to remove it from the Public Index, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

9: Our and Third-Party Intellectual Property

This Agreement does not transfer from us to you any of our or third party intellectual property. All images, text, design, and other content on the Public Index that were created by us are available under a Creative Commons Attribution 3.0 United States license.

WordPress (the blog software on which the Public Index runs) is licensed under the GNU General Public License, version 2.

10: Trademarks

The Public Index, the Public-Interest Book Search Initiative, D is for Digitize, New York Law School, and related logos and images are trademarks of New York Law School. Other trademarks, service marks, graphics and logos used in connection with the Public Index may be the trademarks of other third parties. Your use of the Public Index grants you no rights or license to reproduce or otherwise use any New York Law School or third-party trademarks.

11: Copyright Infringement Policy

As our DMCA Policy explains, it is our policy to respond to notices of alleged copyright infringement by users to the Public Index provided that such notices comply with the requirements of the Digital Millennium Copyright Act. If you do not accept our DMCA Policy, you may not use the Public Index.

12: Changes to the Terms of use

We reserve the right, at our sole discretion, to modify or replace any part of the Terms of use. It is your responsibility to check the Terms of use periodically for changes. Your continued use of the Public Index following the posting of any changes to this Terms of use constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Public Index (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Terms of use.

13: Termination

We may terminate your access to all or any part of the Public Index at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Terms of use or your Public Index account, you may simply discontinue using the Public Index. All provisions of the Terms of use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

14: Disclaimer of Warranties

The Public Index is provided “as is”. We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, without limitation, accurate, completeness, currency, reliability, warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither we nor our suppliers and licensors make any warranty that the Public Index will be error-free or that access thereto will be continuous or uninterrupted or that these pages, or the server that makes them available, are free of viruses or other harmful elements. All such warranties are expressly disclaimed.

15: Limitation of Liability

In no event will we or our suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Public Index shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

16: General Representation and Warranty

You represent and warrant that (i) your use of the Public Index will be in strict accordance with the Terms of use and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Public Index will not infringe or misappropriate the intellectual property rights of any third party.

17: Indemnification

You agree to indemnify and hold harmless us, our contractors and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Public Index, including but not limited to out of your violation of these Terms of Use.

18: Choice of Law

Except to the extent applicable law, if any, provides otherwise, any access to or use of the Public Index will be governed by the laws of the state of New York, without giving effect to its conflict of laws provisions or the user’s actual state or country of residence. If any part of these Terms of use are held invalid or unenforceable, the remaining portions will remain in full force and effect.

19: Entire Agreement

These Terms of use constitute the entire agreement between us and you concerning the subject matter hereof. They supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. They may only be modified by a written amendment signed by an authorized executive of New York Law School, or by the posting by us of a revised version. Any waiver by us of any provision of the Terms of use will be effective only if in writing and signed by an authorized representative of New York Law School.