Terms and Conditions of Use For Publicly Accessible Materials For Non-Subscribers
Terms and Conditions of Use For Publicly Accessible Materials For Non-Subscribers
Revision: July 31st, 2007
Notice: These Terms and Conditions apply to non subscribers only. If you are looking for Terms and Conditions that apply to subscribers of our service click here.
Subscribers Terms and Conditions of Use
Subscribers Terms and Conditions of Use
By accessing and/or using SOCIAL EXPLORER, you accept and agree to abide by the following Terms and Conditions of Use:
Limited License. SOCIAL EXPLORER consists of an electronic database containing
Content (as defined herein) and software that is designed to permit you to
access, use, reproduce, display, and distribute such Content ("Access
Software") for the limited purposes herein. Content includes all data available
in the application, as well as text, graphics, slideshows, and all other
materials posted on the SOCIAL EXPLORER website. SOCIAL EXPLORER hereby grants
you a limited, nonexclusive license to access and use SOCIAL EXPLORER, and to
use, display, distribute, and reproduce the Content, solely in accordance with
these Terms and Conditions of Use (the "License"). You may not sublicense,
assign, or transfer the License, and any attempt at such sublicense,
assignment, or transfer is void.
Only Authorized Users May Access SOCIAL EXPLORER. You may not sublicense or
authorize access to SOCIAL EXPLORER (by sharing passwords or by other means) to
anyone who is not an Authorized User. "Authorized Users" are persons designated
by your institution who have agreed to access and use SOCIAL EXPLORER in
accordance with the Terms and Conditions of Use. Your institution may provide
access to only the following categories of individuals: those individuals who
have a current official or unofficial affiliation with your institution, or
individuals who do not have a current official or unofficial affiliation, but
who are using that institution's library or other facilities (referred to as
Restricted Access to, and Distribution of, Content. You may not distribute,
make available, and/or attempt to make available, any of the Content in SOCIAL
EXPLORER (whether alone or incorporated into other materials) to persons and/or
entities other than: (a) other Authorized Users, (b) the audience members at a
scholarly or educational presentation, lecture, seminar, or similar activity
conducted by you (via displays and print hand outs only), or (c) limited
numbers of scholars or researchers, when you are making available a work that
incorporates Content for purposes of collaboration, comment, or similar
educational or scholarly use, if such use conforms to the customary and usual
practice in the field. Content may not be incorporated into an unrestricted
database or website, or made available to others (electronically or otherwise)
except as permitted herein, whether that Content is alone or incorporated into
Permitted Uses. You may access, use, display, reproduce, and distribute the
Content in SOCIAL EXPLORER, provided you abide by the access and distribution
restrictions in section 3, for the following Permitted Uses only: (a) research
activities, including articles in books and other academic publications; (b)
classroom instruction and related classroom activities; (c) student
assignments; (d) public display as part of a noncommercial scholarly or
educational presentation, such as in an educational, cultural, or scholarly
seminar, class, lecture, conference, exhibit, or workshop, or a similar
noncommercial professional activity, if such use conforms to the customary and
usual practice in the field; and (e) use in research or a dissertation,
including reproductions of the dissertation, provided such reproductions are
only for personal use, library deposit, and/or use solely within the
institution(s) with which you and/or your faculty readers are affiliated. In
all these cases, data, graphics, or other content accessed or generated with
SOCIAL EXPLORER must be cited our sourced in a way that conforms to the
customary and usual practice in the field.
Should your institutional access to SOCIAL EXPLORER terminate or expire, you may keep only those print or electronic copies of Content appearing in lesson plans or in other pedagogical, educational, or scholarly materials for uses that are consistent with fair use and other exceptions to intellectual property rights laws, provided that such uses comply with the Terms and Conditions of Use, which shall survive the termination of access to SOCIAL EXPLORER.
Prohibited Uses. You may not: (a) use SOCIAL EXPLORER for fee-for-service or fee-for-Content uses, or make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use; (b) distribute and/or make available Content in SOCIAL EXPLORER to persons other than as expressly permitted herein; (c) provide and/or authorize access to SOCIAL EXPLORER such as through the sharing of passwords, to persons or entities other than Authorized Users; (d) attempt to override, circumvent, or disable any encryption features or software protections employed in SOCIAL EXPLORER.
Copyright Notices. You agree not to modify, obscure, or remove any copyright
notice or other attribution included in SOCIAL EXPLORER, and not to authorize
others to do so.
Use of Software. You have no rights to the Access Software and its related
documentation, other than the limited license granted herein. You may not copy,
distribute, modify, decompile, reverse engineer, circumvent, override or
disable encryptions or other protections in, or create derivative works from
the Access Software. You may not access SOCIAL EXPLORER except through the
Trademarks. SOCIAL EXPLORER and the SOCIAL EXPLORER logo are trademarks of
SOCIAL EXPLORER. Your use of SOCIAL EXPLORER implies no right in these
Links. You may establish links to facilitate access to Content by Authorized
Users. Many researchers find links to be a helpful way to facilitate access to
Content by a group of Authorized Users. In addition, SOCIAL EXPLORER may be
accessible from links within related or unrelated websites and resources.
SOCIAL EXPLORER shall not be liable for any loss, injury, claim, liability, or
damages of any kind arising out of or in connection with such links. SOCIAL
EXPLORER may provide links to other websites for the benefit or convenience of
its users. SOCIAL EXPLORER makes no representation or warranty of any kind,
express or implied, with respect to such websites, and the linking to such
websites shall not constitute any kind of endorsement of such sites. You should
direct any concerns regarding any outside link to its site administrator.
Maintaining the Security of SOCIAL EXPLORER. You are responsible for
maintaining the confidentiality and security of your username and/or password
(if such are provided), and for all usage or activity by you of SOCIAL
EXPLORER, and you hereby agree not to provide access to SOCIAL EXPLORER to
anyone else (other than as expressly instructed by your institution). You may
not set up an anonymous remailer for purposes of allowing access to SOCIAL
EXPLORER. You may set up a proxy server to facilitate access to SOCIAL EXPLORER
only if you are acting on behalf of an institution that has disclosed such
proxy server in its Institutional License, and such proxy server is operated in
accordance with such Institutional License and provides access to SOCIAL
EXPLORER only by Authorized Users.
Suspected Violations of these Terms and Conditions or Unauthorized Uses. You
shall promptly notify SOCIAL EXPLORER and the institution with which you are
affiliated, or whose facilities you are using, of any known or suspected
unauthorized use(s) of your account or SOCIAL EXPLORER, or any known or
suspected breach of security, including loss, theft, or unauthorized disclosure
or use of your username, password, and/or IP address. Any use of SOCIAL
EXPLORER beyond the scope or in violation of these Terms and Conditions of Use,
knowing use of any password or username of another, or any fraudulent, abusive,
or otherwise illegal activity, may be grounds for termination of your account,
or termination of access to SOCIAL EXPLORER from your IP address, without
notice and at SOCIAL EXPLORER's sole discretion. The foregoing includes but is
not limited to activity by you that may burden SOCIAL EXPLORER's server(s) such
as computer programs that automatically download or export Content, commonly
known as web robots, spiders, crawlers, wanderers or accelerators.
Breach of these Terms and Conditions. You agree that SOCIAL EXPLORER shall in
no way be liable for any loss, injury, claim, liability, damages, costs, or
attorneys' fees for the violation by you of these Terms and Conditions of Use,
or any use of SOCIAL EXPLORER that exceeds the Terms and Conditions of Use.
Disclaimers. SOCIAL EXPLORER will not be held liable for any delays,
inaccuracies, errors or omissions in SOCIAL EXPLORER or Content, in the
transmission or delivery of all or any part thereof, or for any damages arising
from any of the foregoing.
Withdrawing Content from SOCIAL EXPLORER. In addition to the provisions in
section 6 herein, SOCIAL EXPLORER may withdraw Content from SOCIAL EXPLORER for
good cause shown. SOCIAL EXPLORER would endeavor, to the extent practicable, to
minimize any inconvenience to Authorized Users caused by such withdrawal by,
for example, seeking to withdraw Content only at the conclusion of an academic
semester (except as set forth in section 6 herein). However, should SOCIAL
EXPLORER be unable to avoid such inconvenience, you shall in no way hold SOCIAL
EXPLORER liable for the withdrawal of such Content from SOCIAL EXPLORER.
information about usage of SOCIAL EXPLORER and demographics pertaining thereto
so long as such disclosure does not reveal users' personal identities, unless
such disclosure is required to protect against violations of this License, or
to protect and defend SOCIAL EXPLORER's rights or property, or the rights or
property of third-party rights holders and contributors to SOCIAL EXPLORER, is
reasonably necessary for pursuing a claim or investigation concerning alleged
violation(s) of the Terms and Conditions of Use or is in response to a
subpoena, court order, or other legal proceeding, or otherwise as set forth in
EXPLORER, you may be required to provide your email address. For more
information on monitoring and gathering usage data, see SOCIAL EXPLORER's
Fair Use, Educational, and Other Exceptions to Copyright Laws. Nothing in this
Agreement should be construed or interpreted to limit those uses of Content
printed or exported from SOCIAL EXPLORER that are permitted under the fair use,
educational exceptions, or other provisions to the copyright laws or other
intellectual property right laws in the United States or in other countries,
but you make such uses at your own risk. Nothing in these Terms and Conditions
of Use should be construed as SOCIAL EXPLORER authorizing you to incorporate
Content into electronic or print materials that are for purchase or are
disseminated for commercial purposes (such as by a scholarly or commercial
press), to make any commercial use of SOCIAL EXPLORER or Content therein, or to
make any use, display, performance, reproduction, or distribution of SOCIAL
EXPLORER or Content therein not expressly authorized in these Terms and
Conditions of use. Copyright is not claimed by SOCIAL EXPLORER as to any work
of the United States government, or to any work that is in the public domain.
You expressly acknowledge and agree that SOCIAL EXPLORER shall not be liable in
any way for all uses that you make of the Content that exceeds these Terms and
Conditions of Use, whether or not you are relying on fair use and/or other
provisions of the United States copyright or other intellectual property rights
a. This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of New York or United States Federal law, as applicable, excluding any such laws that might direct the application of the laws of another jurisdiction, and venue shall lie exclusively in the federal and state courts of the United States, excluding any such laws to the contrary. You consent to the personal jurisdiction of such courts over you and waive and agree not to assert any objection to proceedings in such courts unless your actions are on behalf of an institution whose license agreement with SOCIAL EXPLORER ("Institutional License") subjects it to the laws and/or jurisdiction of other than New York and/or the United States for the specific matter at issue and are consistent with such Institutional License. Your willful misconduct, tortuous interference with, or material violation of such Institutional License shall not be deemed to be actions on behalf of such institution or consistent with such Institutional License. Please contact your librarian or information services administrator for further details concerning your Institutional License. You expressly agree to waive all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods. You agree to waive all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law arising in the course of any dispute herein, or with respect to any award made.
b. If any provision or provisions of this License shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. A waiver of any breach of this Agreement shall not be deemed a waiver of other breaches of the Agreement.
c. These Terms and Conditions of Use set forth the entire Agreement between us.
d. This Agreement has been executed for the sole benefit of the Parties to this Agreement and is not intended for the benefit of any third party, and the Parties expressly disclaim the creation of any third party beneficiary rights under this Agreement.
- Terms and Conditions Subject to Change. SOCIAL EXPLORER may change these Terms and Conditions, or any aspect of SOCIAL EXPLORER, at any time. Your use of SOCIAL EXPLORER constitutes your agreement to the modified Terms and Conditions of Use and all changes thereto. The most updated Terms and Conditions of Use will be posted on the SOCIAL EXPLORER website.