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.
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.
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.
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.
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.
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
18: Choice of Law
19: Entire Agreement