Table of Contents
- Your Agreement to the Terms
- Changes to the Terms
- Provision of the Websites and Services Generally
- Location of the Websites and Services
- User Conduct
- Terms Relating to Content on the Websites and Services
- Third-Party Websites and Content; Links
- Participating in Our Community: Registered Users
- Disclaimer of Warranties
- Limitation of Liability
- Copyright Complaints; DMCA Compliance
- Termination of this Agreement
- Miscellaneous Terms
Please read these terms carefully because they apply to your use of all of the websites that Scalar operates (collectively, the “Websites”), including the products and services, such as user-installed instances of the Scalar authoring platform, provided through the Websites (collectively, the “Services”). Websites include, but are not limited to, the websites operated at http://scalar.usc.edu (collectively, together with all sub-domains thereof). Services include but are not limited to the downloadable, open source software constituting the authoring platform Scalar, which may be installed and operated on servers not operated or controlled by Scalar. The software platform Scalar is developed and operated by the non-profit Alliance for Networking Visual Culture at the University of Southern California.
Unless otherwise agreed in writing with Scalar, your use of any Websites or Services will always be subject to, at a minimum, the terms and conditions set out in this document. These are referred to as the “Master Terms.”
Your use of any Website or Service may also be subject to the terms of any legal notice applicable to the Website or Service, in addition to the Master Terms. All such terms supplementing these Master Terms are referred to below as the “Additional Terms.” Where Additional Terms apply to a Website or Service, these will be accessible for you to read either within, or through your use of, that Website or Service.
The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Scalar in relation to your use of the Websites and the Services. Collectively, this legal agreement is referred to below as the “Terms.” If there is any contradiction between the Additional Terms and the Master Terms, then the Additional Terms shall take precedence in relation to the Website or Service to which the Additional Terms apply.
The Terms apply to all individuals who use the Scalar Websites and Services, including individuals who are also contributors of books and other material or services on the Websites.
2. Your Agreement to the Terms
YOUR ACCESS OR USE OF ANY WEBSITE OR SERVICE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
3. Changes to the Terms
From time-to-time, Scalar may change, remove, add to (including without limitation by way of Additional Terms) or otherwise modify the Terms, and reserves the right to do so in its discretion. If the Terms are modified, we will post the updated Master Terms or Additional Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. All new and/or amended Terms take effect immediately; if you do not agree with any modification to the Terms, you may terminate this agreement by ceasing use of the Websites and Services. Your continued use of any Website or Service after new and/or revised Terms are posted indicates that you have read, understood, and agreed to those Terms.
4. Provision of the Websites and Services Generally
Scalar makes the Websites and Services available to you on the Terms. You may only use the Websites and Services in accordance with these Master Terms and any applicable Additional Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Master Terms, any applicable Additional Terms, or any other conditions or notices that are made available on any Website or Service.
5. Location of the Websites and Services
The Websites and Services are controlled and offered by Scalar from its facilities in the United States of America. Scalar makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to Content (as defined in Section 7, below) hosted on websites located outside of the United States of America.
6. User Conduct
Users agree not to use the Websites or Services to:
- Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use, or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use, or transmit Content that contains executable software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies, or regulations of networks connected to the Websites or Services;
- Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another;
- Use or attempt to use another’s account, service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
- Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
- Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Websites or Services;
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- Post or transmit any personally identifiable information about persons under 13 years of age, including with out limitation in connection with the Websites or the Services.
In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Websites or Services (for example, by displaying a name, logo, trademark or other means of attribution of a third-party that is reasonably likely to give the user the impression that that third-party has the right to display, publish, or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage, or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.
In using the Websites, you agree not to modify any part of the Websites or use unauthorized technology such as third-party extractors or account hacking devices, to download or extract the content on the Website.
7. Terms Relating to Content on the Websites and Services
- Responsibility for Content. You understand that all material, data, and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You acknowledge that Scalar does not make any representations or warranties about the Content, including without limitation, about the accuracy, integrity, or quality of the Content made available at the instigation of users of the Websites and Services. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances is Scalar liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
- Licenses Associated With Content on the Websites and Services. In using the Websites or Services, you may not use any part of the Website, including user Content that has been submitted, uploaded, posted, or otherwise shared by other users, for any purpose beyond the stated license for the Content in question. We encourage you to always verify the license of any Content that you may wish to use before using such Content.
- Scalar Content: All Content (other than computer software) owned by Scalar and made available by Scalar on the Websites or through the Services is licensed under the Creative Commons Attribution Non-Commercial Share-Alike 3.0 Unported license, unless marked otherwise.
- Your Content: You retain the copyright in your Content that you provide on the Websites or in connection with the Services.
- Third-Party Content: Third-Party Content and Third-Party Websites (as defined in Section 8, below) that Scalar links to or embeds in the Websites or that are provided through the Services, including but not limited to blogs and news feeds, are subject to the license terms accompanying such Content. We encourage you to always verify the license of any such Content before use.
- Search Results: Scalar provides archival search tools as a Service within Scalar projects. Those search tools may return Content that is not licensed for use in your Scalar project. As stated above, you should independently verify the ownership and terms of the license attached to any Content you intend to use in a Scalar project.
- Content You Provide. As a registered user of Scalar you may submit, upload, post or otherwise sharing books and other material or services. You may only submit, upload, post, or otherwise share Content to the Websites or in connection with the Services that you have the right to submit, upload, submit, post, or otherwise share. This means that you can only submit, upload, post, or otherwise share Content that you yourself create, that is in the public domain, or that you have been expressly granted the right to submit, upload, post, or otherwise share consistent with the Terms. For the avoidance of doubt, Content that infringes the rights of any third-party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted, uploaded, posted, or otherwise shared. You represent, warrant, and agree that no Content of any kind submitted, uploaded, posted or otherwise shared by you on or through any of the Websites or Services, violates or infringes upon the rights of any third-party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant, and agree not to submit, post, upload, or otherwise share any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. Scalar may remove content submitted, posted, uploaded, or otherwise shared to the Website at any time, for any reason (with or without provision of notice to you) at Scalar’s sole discretion. Scalar may, but is not obligated to, review information that is submitted, uploaded, posted, or otherwise shared and may delete or remove (without notice) any Content in its sole discretion that Scalar determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. Scalar reserves the right to terminate your account, at its sole discretion, at any time, if you submit, upload, post, or otherwise share content determined to be inappropriate. Scalar does not endorse or support any Content posted by you or any other third-party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize Scalar to make copies of your Content as we deem necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and Scalar will take reasonable steps to promptly remove such Content; provided, however, that Scalar can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to a Scalar email list.
- Use of Content on the Website or Services. You may use the Content you find on the Websites or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content. You represent and warrant to Scalar that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using the Websites or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. Scalar does not guarantee that Content made available on the Websites or Services does not infringe the rights of any third-party.
8. Third-Party Websites and Content; Links
The Websites or Services may contain links to websites not controlled by Scalar (“Third-Party Websites”), as well as Content belonging to or originating from persons or organizations other than Scalar (“Third-Party Content”). Scalar has no control over, and assumes no liability for, the content, privacy policies, or practices of any third-party websites. In addition, Scalar will not and cannot censor or edit the content of any third-party website. By using the Websites or Services you expressly relieve Scalar from any and all liability arising from your use of any third-party website. You acknowledge that Scalar is not responsible or liable for any Third-Party Websites or any Third-Party Content, information or products made available at any Third-Party Website. You further acknowledge that Scalar (a) is not responsible or liable for any Third-Party Websites or any Third-Party Content, information or products made available at any Third-Party Website; (b) has not reviewed any Third-Party Websites or Third–Party Content for accuracy, appropriateness, completeness, or non infringement; (c) has not sponsored or otherwise endorsed Third-Party Websites or Third-Party Content; and (d) makes no representations or warranties whatsoever about any Third-Party Websites or Third-Party Content.
9. Participating in Our Community: Registered Users
In order to access some features of the Websites and Services, including submitting, uploading, posting, or otherwise sharing books and other material or services, you will have to create a Scalar account. If you register and create an account with Scalar, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. Scalar will not be held liable for any loss or damage arising from your failure to comply with the above. You are also responsible for immediately notifying Scalar about any unauthorized uses of your account or any other breaches of security. Scalar will not be liable for any acts or omissions on your part, including any damages of any kind incurred as a result of such acts or omissions. Although Scalar will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Scalar or others due to such unauthorized use.
Registering for an account on any of the Websites is void where prohibited. Only persons who are over the age of majority in their jurisdiction (which typically is 18 years of age, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but over 13 years of age, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Master Terms. By registering for an account on any of the Websites or using the related Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are over the age of 13 and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Master Terms and any applicable Additional Terms.
Services offered to Registered Users are provided subject to these Master Terms and any Additional Terms specified on the relevant Website. Scalar reserves the right to modify or discontinue the accounts of Registered Users and related Services at any time. Scalar disclaims any and all liability to Registered Users and third-parties in the event Scalar exercises its right to modify or discontinue user accounts or related Services.
Registration; Security. You agree to (a) provide accurate, current, and complete information about you, if and as may be prompted by the registration process on the any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to Scalar, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that Scalar has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so.
No Membership in Scalar. As used in these Master Terms, “Registered User” means a person who has registered and obtained an account on one of our Websites. Becoming a Registered User or using any of the related Websites or Services does not and shall not be deemed to make you a member, shareholder, or affiliate of Scalar for any purposes whatsoever, nor shall you have any of the rights of statutory members (as defined by the statutory laws of the State of California).
Termination; Termination and Inactivation of User Accounts. Scalar reserves the right, at its sole discretion, to terminate your account or access to its Websites and Services (without providing you with notice) upon your violation of any of these Master Terms or applicable Additional Terms.
In addition, Scalar may, at any time: (a) modify, suspend, or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as Scalar deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by Scalar at any time and for any reason whatsoever, without notice.
In addition, Scalar reserves the right to delete and purge any account and all Content associated there with following any prolonged period of inactivity, all as may be determined by Scalar in its complete discretion.
10. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, SCALAR OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SCALAR DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SCALAR’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCALAR DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
11. LIMITATION OF LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL SCALAR OR THE ALLIANCE FOR NETWORKING VISUAL CULTURE, THEIR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, OR AGENTS (“THE SCALAR PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD-PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE SCALAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SCALAR PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES), FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD-PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
You agree to indemnify and hold harmless the Scalar Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless the Scalar Parties from and against any and all claims brought by third-parties arising out of your use of any of the Websites or Services and the Content you make available via any of the Websites or Services by any means, including without limitation through a posting, a link, reference to Content, or otherwise.
14. Copyright Complaints; DMCA Compliance
Scalar respects the intellectual property rights of others, and we prohibit users of our Websites and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
Scalar complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) (see 17 § U.S.C 512(c)(3) for further detail). If you believe that material located on or linked to by Scalar violates your intellectual property rights, you (or your agent) may contact our designated Copyright Agent to report alleged copyright infringement, requesting that we remove or disable access to the material. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send a counter-notice to our designated Copyright Agent. If a counter-notice is received by the designated Copyright Agent, Scalar may send a copy of the counter-notice to the original complaining party informing them that Scalar will restore the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against Scalar or the user that filed the counter-notice, Scalar will have the discretion to restore access to the material. Please note that notices and counter-notices must comply with the statutory requirements imposed by Section 512(c) of the DMCA and all other applicable laws.
For additional information regarding the provisions of the DMCA, please visit http://www.copyright.gov/.
The designated agent is:
746 West Adams Boulevard
Los Angeles, CA 90089-7727
Tel: +1 213.743.1933
We reserve the right to remove Content alleged to be infringing without prior notice to you, at our sole discretion, without providing you with a reason, and without liability to you. Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be “repeat infringers” of others’ copyrights.
Content hosted on Third-Party Websites is the responsibility of those Websites, and not of Scalar. If you are the copyright owner of Content hosted on a Third-Party Website, and you have not authorized the use of your Content in a Scalar project, please contact the administrator of the hosting Website directly.
15. Termination of this Agreement
These Master Terms and any Additional Terms will continue to apply until terminated by either you or Scalar as set out below. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Master Terms or Additional Terms that may apply to any of the Websites or Services.
Scalar may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Master Terms, Additional Terms, and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as Scalar deems appropriate in its sole discretion.
Your access to, and use of, the Websites or Services may be terminated by you or by Scalar at any time and for any reason. Scalar will use reasonable efforts to notify you in advance about any material modification, suspension, or termination by Scalar that is not caused by your breach of the Terms.
The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination for one year.
16. Miscellaneous Terms
These Master Terms and any Additional Terms are governed by and construed by the laws of the State of California, in the United States, exclusive of its choice of law rules. The parties agree that any disputes or proceedings between Scalar and you concerning these Master Terms, any Additional Terms, and/or any of the Websites or Services shall be brought in a federal or state court of competent jurisdiction sitting in the Southern District of California, and hereby consent to the personal jurisdiction and venue of such court. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Scalar as a result of these Master Terms, any Additional Terms, or your use of any of the Websites or Services. These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Scalar relating to this subject matter and supersede all prior, contemporaneous, and future communications (with the exception of future amendments to the Terms as made available by Scalar from time-to-time) between you and Scalar. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.
These Terms of Service are adapted from the Terms of Service distributed by Creative Commons under a Creative Commons Attribution 3.0 License.