Terms and Conditions of Use For Subscribers
Revision: July 28th, 2008
By subscribing or accepting a subscription to SOCIAL EXPLORER, you shall be designated a "subscriber," and you must 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 Licensee 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 Licensee 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"). Licensee 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. Licensee 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 Licensee who have agreed to access and use SOCIAL EXPLORER in accordance with the Terms and Conditions of Use. Licensee may provide access to only the following categories of individuals: those individuals who have a current official or unofficial affiliation with Licensee as an institution of higher education, or individuals who do not have a current official or unofficial affiliation, but who are using Licensee library or other facilities (referred to as "Walk-In Users").
- Restricted Access to, and Distribution of, Content. Licensee 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 Licensee (via displays and print hand outs only), or (c) limited numbers of scholars or researchers, when Licensee is 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. Licensee may access, use, display, reproduce, and distribute the Content in SOCIAL EXPLORER, provided Licensee abides 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 Licensee’s institutional control. 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 Licensee’s access to SOCIAL EXPLORER terminate or expire, Licensee 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. Licensee 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. Licensee agrees 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. Licensee has no rights to the Access Software and its related documentation, other than the limited license granted herein. Licensee 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. Licensee may not access SOCIAL EXPLORER except through the Access Software.
- Trademarks. SOCIAL EXPLORER and the SOCIAL EXPLORER logo are trademarks of SOCIAL EXPLORER. Licensee’s use of SOCIAL EXPLORER implies no right in these trademarks.
- Links. Licensee 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. Licensee should direct any concerns regarding any outside link to its site administrator.
- Maintaining the Security of SOCIAL EXPLORER. Licensee is responsible for maintaining the confidentiality and security of Licensee’s username and/or password (if such are provided), and for all usage or activity by the Licensee as the subscribing institution of SOCIAL EXPLORER, and Licensee hereby agrees not to provide access to SOCIAL EXPLORER to anyone else (other than as expressly instructed by Licensee). Licensee may not set up an anonymous remailer for purposes of allowing access to SOCIAL EXPLORER. Licensee may set up a proxy server to facilitate access to SOCIAL EXPLORER only if Licensee is 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. Licensee shall promptly notify SOCIAL EXPLORER, of any known or suspected unauthorized use(s) of Licensee’s account or SOCIAL EXPLORER, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of Licensee’s 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 Licensee’s account, or termination of access to SOCIAL EXPLORER from Licensee’s IP address, without notice and at SOCIAL EXPLORER's sole discretion. The foregoing includes but is not limited to activity by Licensee 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. Licensee agrees that SOCIAL EXPLORER shall in no way be liable for any loss, injury, claim, liability, damages, costs, or attorneys' fees for the violation by Licensee 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, Licensee 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 Licensee makes such uses at Licensee’s own risk. Nothing in these Terms and Conditions of Use should be construed as SOCIAL EXPLORER authorizing Licensee 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. Licensee expressly acknowledges and agrees that SOCIAL EXPLORER shall not be liable in any way for all uses that Licensee makes of the Content that exceeds these Terms and Conditions of Use, whether or not Licensee is 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 in which Licensee as a subscribing institution, organization, company, government agency, or individual operates in or is incorporated in, or the 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. Licensee consent to the personal jurisdiction of such courts over Licensee and waive and agree not to assert any objection to proceedings in such courts. An Authorized User’s willful misconduct, tortuous interference with, or material violation of Licensee’s Institutional License shall not be deemed to be actions on behalf of Licensee as an institution or consistent with Licensee’s Institutional License. Licensee expressly agrees to waive all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods. Licensee 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 the Terms and Conditions of Use, or any aspect of SOCIAL EXPLORER, at any time, however Licensee’s subscription to our service shall be governed by the Terms and Conditions under which Licensee subscribed until the end of Licensee’s subscription period. If/when Licensee renews Licensee's subscription to SOCIAL EXPLORER, Licensee have to agree to the updated Terms and Conditions of Use. All versions of Terms and Conditions will be available on our website until deemed necessary.