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.
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 "Walk-In Users").
- 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 other materials.
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 Access Software.
- Trademarks. SOCIAL EXPLORER and the SOCIAL EXPLORER logo are trademarks of SOCIAL EXPLORER. Your use of SOCIAL EXPLORER implies no right in these trademarks.
- 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.
- 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 laws.
- 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.
- 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.
- These Terms and Conditions of Use set forth the entire Agreement between us.
- 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.