Effective date: July 09, 2017
A. Definitions
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There’s not going to be a test on it, but it’s still useful information.
- The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the South Carolina Law Review Privacy Policy) and procedures that we may publish from time to time on the Website.
- The “Service” refers to the applications, software, products, and services provided by South Carolina Law Review.
- The “Website” refers to South Carolina Law Review’s website located at sclawreview.org, and all content, services, and products provided by South Carolina Law Review at or through the Website. Occasionally, websites owned by South Carolina Law Review may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
- “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
- “South Carolina Law Review,” “We,” and “Us” refer to South Carolina Law Review, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Paid Content” is Content only available to Users who are participating in a payment plan, including private repositories.
C. Acceptable Use
Short version: South Carolina Law Review hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
1. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Content Restrictions
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions
While using South Carolina Law Review, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including South Carolina Law Review employees, officers, and agents, or other South Carolina Law Review Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with South Carolina Law Review’s servers in ways that could harm our Website or Service, to place undue burden on South Carolina Law Review’s servers through automated means, or to access South Carolina Law Review’s Service in ways that exceed your;
- impersonate any person or entity, including any of our employees or representatives, including through false association with South Carolina Law Review, or by fraudulently misrepresenting your identity or site’s purpose; or
- violate the privacy of any third party, such as by posting another person’s personal information without consent.
4. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without South Carolina Law Review’s express written permission.
5. Scraping
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. You may scrape the website for the following reasons:
- Researchers may scrape public, non-personal information from South Carolina Law Review for research purposes, only if any publications resulting from that research are open access.
- Archivists may scrape South Carolina Law Review for public data for archival purposes.
You may not scrape South Carolina Law Review for spamming purposes, including for the purposes of selling South Carolina Law Review users’ personal information, such as to recruiters, headhunters, and job boards.
All use of South Carolina Law Review data gathered through scraping must comply with the South Carolina Law Review Privacy Policy.
6. Privacy
Misuse of South Carolina Law Review Users’ Personal Information is prohibited.
Any person, entity, or service collecting data from South Carolina Law Review must comply with the South Carolina Law Review Privacy Policy, particularly in regards to the collection of our Users’ Personal Information (as defined in the South Carolina Law Review Privacy Policy). If you collect any South Carolina Law Review User’s Personal Information from South Carolina Law Review, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from South Carolina Law Review, and you will respond promptly to complaints, removal requests, and “do not contact” requests from South Carolina Law Review or South Carolina Law Review Users.
7. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other South Carolina Law Review customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.
8. User Protection
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
D. User-Generated Content
Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to.
1. Responsibility for User-Generated Content
You may create User-Generated Content while using the Service. You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
2. Ownership of Content and Right to Post
You retain ownership of and responsibility for Content you create. If you’re posting anything you did not create yourself, you agree that you will only submit Content that you have the right to post, and you will fully comply with any third-party licenses relating to Content you post.
3. South Carolina Law Review May Remove Content
We have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any South Carolina Law Review terms or policies.
4. License Grant to Us
Your Content belongs to you, and you are responsible for Content you post even if it does not belong to you. However, we need the legal right to do things like host it, publish it, and share it. You grant us and our legal successors the right to store and display your Content and make incidental copies as necessary to render the Website and provide the Service.
That means you’re giving us the right to do things like reproduce your content (so we can do things like copy it to our database and make backups); display it (so we can do things like show it to you and other users); modify it (so our server can do things like parse it into a search index); distribute it (so we can do things like share it with other users); and perform it (in case your content is something like music or video).
This license does not grant South Carolina Law Review the right to sell your Content or otherwise distribute it outside of our Service.
5. License Grant to Other Users
Any Content you post publicly, including issues, comments, and contributions may be viewed by others.
6. Moral Rights
You retain all moral rights to Content you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. You understand that you will not receive any payment for any of the rights granted in this Section.
To the extent such an agreement is not enforceable by applicable law, you grant South Carolina Law Review a nonexclusive, revocable, worldwide, royalty-free right to (1) use the Content without attribution strictly as necessary to render the Website and provide the Service; and (2) make reasonable adaptations of the Content as provided in this Section. We need these rights to allow basic functions like search to work.
E. Copyright Infringement and DMCA Policy
If you believe that content on our website violates your copyright, please contact us. If you are a copyright owner and you believe that content on South Carolina Law Review violates your rights, please contact us. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
F. Intellectual Property Notice
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
1. South Carolina Law Review’s Rights to Content
South Carolina Law Review and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © South Carolina Law Review, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from South Carolina Law Review.
2. South Carolina Law Review Trademarks and Logos
If you’d like to use South Carolina Law Review’s trademarks, please contact us.
3. License to South Carolina Law Review Policies
This Agreement is licensed under the Creative Commons Attribution license. You may use it freely under the terms of the Creative Commons license.
G. Communications with South Carolina Law Review
Short version: We use email and other electronic means to stay in touch with our users.
1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to South Carolina Law Review Must Be in Writing
Communications made through email or South Carolina Law Review Support’s messaging system will not constitute legal notice to South Carolina Law Review or any of its officers, employees, agents or representatives in any situation where notice to South Carolina Law Review is required by contract or any law or regulation. Legal notice to South Carolina Law Review must be in writing and served on South Carolina Law Review’s legal agent.
H. Disclaimer of Warranties
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
South Carolina Law Review provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
South Carolina Law Review does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
I. Limitation of Liability
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- the use, disclosure, or display of your User-Generated Content;
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
J. Release and Indemnification
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release South Carolina Law Review from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that South Carolina Law Review (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases South Carolina Law Review of all liability); and (3) provides to you all reasonable assistance, at your expense.
K. Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren’t that important — we don’t want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
L. Miscellaneous
1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and South Carolina Law Review and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of South Carolina, without regard to conflict of law provisions. You and South Carolina Law Review agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Columbia, South Carolina.
2. Non-Assignability
South Carolina Law Review may assign or delegate these Terms of Service and/or the South Carolina Law Review Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of South Carolina Law Review to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. Complete Agreement
These Terms of Service, together with the South Carolina Law Review Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and South Carolina Law Review relating to the subject matter of these terms.