Omeka.net Terms of Service

PLEASE NOTE: Use of the Omeka.net website (the “Site”) and the hosting services and related content, materials, information and documentation and other services made available on or through the Site (collectively, the “Services”) is subject to the below terms of service (the “Terms of Service”). The open source Omeka S and Omeka Classic web publishing platforms can be found at Omeka.org and are licensed (and released for free public use) under GPL.v3 (found here: https://www.gnu.org/licenses/gpl-3.0.en.html#license-text)

Welcome to the Site. The Site is operated by the Corporation for Digital Scholarship d/b/a Digital Scholar (“Digital Scholar”) from its offices within the United States on a not-for-profit basis. The terms “you,” “your,” or “user”, as used in these Terms of Service, refer to you.

PLEASE READ THESE TERMS OF SERVICE BEFORE USING THE SERVICES. THESE TERMS OF SERVICE ARE A LEGAL AGREEMENT BETWEEN YOU AND DIGITAL SCHOLAR. YOUR ACCESS TO AND USE OF THE SERVICES SHALL BE SUBJECT TO THESE TERMS OF SERVICE AND ALL APPLICABLE LAWS. BY CLICKING “I AGREE”, ACCESSING, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOUR ACCESS TO OR USE OF THE SERVICES CONSTITUTES AN ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK “I AGREE”, OR ACCESS OR USE THE SERVICES.

Digital Scholar makes no representation that the Services are appropriate or available for use in all locations, and access to them from territories where such access is illegal is prohibited. Digital Scholar may change or modify these Terms of Service, in whole or in part, at any time by updating this posting, without prior notice or liability to users.

1. Omeka S and Omeka Classic; Digital Scholar Add-Ons

Although through the Services Digital Scholar hosts for you the Omeka Classic web publishing platform (collectively, the “Software”) and various plugins, themes and other add-ons created by Digital Scholar for use with the Software (collectively, the “Digital Scholar Add-Ons”), both the Software and the Digital Scholar Add-Ons are licensed (and released for free public use) under GPL.v3, not these Terms of Service. Both the Software and the Digital Scholar Add-ons are available here: https://omeka.org/classic/. Additional details concerning the Software and Digital Scholar Add-Ons’ respective license terms can be found in the license text included with the Software and Digital Add-Ons’ code, respectively, and a copy of the GPL.v3 is available here: https://www.gnu.org/licenses/gpl-3.0.en.html#license-text.

2. Digital Scholar Content

The Site and all documentation created by Digital Scholar and made available to you on the Site (collectively, the “Digital Scholar Content”) is licensed (and released for free public use) under CC-BY-NC, not these Terms of Service. A copy of the CC-BY-NC is available here: https://creativecommons.org/licenses/by-nc/4.0/?ref=chooser-v1.

3. Your Account/Registration

Registering an account in the manner set forth on the Site (an “Account”) is required for use of the Services. You must be 18 years or older to register an Account. By registering for an Account, you represent and warrant to Digital Scholar that: (a) you are 18 years of age or older and the age of majority in your state of residence as of the time you register the Account; (b) all information provided by you to Digital Scholar during the registration process is truthful, accurate and complete; (c) you will comply with the Terms of Service; and (d) you will not use the Services for any purpose that is unlawful or prohibited by the Terms of Service. If you are under 18 or the age of majority in your state of residence as of the time you register an Account, your parent or guardian must agree to these Terms of Service on your behalf.

By registering an Account, you agree to maintain and promptly update your registration data as necessary to keep it accurate, current and complete. If Digital Scholar requests registration information from you, you agree to provide Digital Scholar with true, accurate, current, and complete information. Digital Scholar may terminate your access to the Services, without prior notice or liability to you, if any information you provide to Digital Scholar is found to be inaccurate, false, out of date or incomplete, or if you violate these Terms of Service and/or the law.

You are responsible for maintaining the security of your Account as well as monitoring and controlling access to your Account. If Digital Scholar issues you a password, you may not reveal it to any other party. You may not use a password belonging to any third party. You are responsible for maintaining the confidentiality of your Account and password. You agree to notify Digital Scholar immediately of any unauthorized use of your Account, any unauthorized use of any password, or any other known or suspected breach of security. Digital Scholar cannot and will not be liable for any loss or damage that may result if you fail to comply with these requirements and/or in the event of an unauthorized use by a third party of your Account. Digital Scholar, in its sole discretion, may suspend or terminate your Account and refuse any and all current or future use of the Services, or any other service, for any reason at any time. Termination of the Services will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Digital Scholar reserves the right to refuse service to anyone for any lawful reason at any time.

If you no longer wish to maintain an Account, you may deactivate your Account at any time through the “My Account” page located at: https://www.omeka.net/dashboard/account/confirm-deactivate. Once you deactivate your Account, your Account will not be viewable on the Site or through the Services. It will still be possible to reactivate your Account for up to 90 days from the date of deactivation. After that 90 day period, Digital Scholar may permanently delete your Account. Even if your Account is deactivated and/or permanently deleted, some information associated with your Account may still be accessible by third parties, including without limitation information previously posted by you using your Account. You agree that Digital Scholar is not responsible for the continued accessibility of any such information.

4. Permitted Uses of the Services

The Services shall not be used for commercial purposes, including without limitation charging others fees for use of the Services, or commercial reproduction or distribution of any digital materials stored or shared via the Services, or any portion thereof. Notwithstanding the foregoing, use of the Services for research that may have commercial applications, including without limitation publication of scholarship in a journal that charges for access or research that might lead to new technologies that have commercial applications, shall not constitute use of the Services for commercial purposes under this Section.

5. Your Submissions and Other Data

Digital Scholar does not claim ownership of any data or other content you transmit, upload, post or store on or through the Services by any means (“Submissions”). You retain your rights to the Submissions you transmit, upload, post or store on or through the Services. You are solely responsible for all your Submissions and all activity that occurs under your Account. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to transmit, post or upload your Submissions and to grant the rights granted by you herein. You are responsible for obtaining any necessary consent for uses of Submissions by you. Digital Scholar is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Submissions. Digital Scholar is not responsible or liable for screening or monitoring data transmitted, uploaded or stored through the Services by you. Upon termination, deactivation or deletion of your Account, Digital Scholar shall have no obligation to maintain or return to you any Submissions. You hereby grant to Digital Scholar and its service providers a perpetual, worldwide, royalty-free, non-exclusive license and right to store, display, process, modify, retransmit, and use your Submissions in any way.

By using the Services to share your Submissions and other content publicly (“Public Content”), you agree to allow anyone to view and share such Public Content and to treat it as non-confidential. All Public Content, including without limitation any and all websites and collection items labeled by you as public or shared, may be promoted and linked by Digital Scholar without any compensation to you or any third party.

You warrant and represent that you shall not transmit, post or upload through the Services any Submission that is, or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party.

You agree that Digital Scholar is not liable for any Submissions or other content that is provided by you or other users of the Service. Digital Scholar does not: (a) represent or warrant the truthfulness, accuracy or reliability of any Submissions or other content transmitted, posted or uploaded through the Services by you or other users of the Services; or (b) endorse any statements, representations or opinions expressed by you or other users of the Services. Your reliance on content, statements, representations or opinions expressed by other users of the Services shall be at your own risk.

You acknowledge and agree that Digital Scholar: (i) may, but has no obligation to, monitor your Submissions; and (ii) may disclose to third parties any of your Submission as necessary or appropriate to satisfy Digital Scholar’s legal obligations, to protect Digital Scholar or the users of the Services, or to provide the Services. Digital Scholar, in its sole discretion, may refuse to post, remove, or refuse to remove, any Submissions, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

You understand and acknowledge that your Submissions may receive exposure on the Internet, and may be subjected to comments from other users of the Services. Digital Scholar is not responsible for any such comments, including any critical or derogatory comments, posted by users of the Services or any third parties.

6. No Backup or Storage

The Services are not intended for purposes of data backup or storage. You are solely responsible for maintaining copies of any of Submissions. Except as may be required under applicable data privacy or other laws and regulations, Digital Scholar is under no obligation to provide you with access to any Submissions or other materials that you transmit, upload, post or store on or through the Services, or to ensure their reliability or availability.

7. Service Plan

The Services are available, pursuant to these Terms of Service, on an Annual Plan (defined below) basis or a Free Plan (defined below) basis.

Should you access and use the Services via a free trial, subject to these Terms of Service, Digital Scholar shall host and provide you with the Services through the Site only on an evaluation basis free of charge (a “Free Plan”), until the date you purchase an Annual Plan (the "Free Plan Period"). One person or legal entity may not be granted more than one Free Plan.

If you wish to use the expanded Services that are available through an annual plan (an “Annual Plan”), you must purchase an Annual Plan and pay the applicable fees (the “Fees"). Upon your payment of the applicable Fees, subject to these Terms of Service, Digital Scholar shall host and provide you with the Services through the Site only during the Initial Term (as defined below) and any Renewal Term (as defined below). For purposes of these Terms of Service, the Free Plan and Annual Plan shall be referred to collectively as the “Plan”.

8. Term

If you purchase an Annual Plan: (a) the initial term of that Annual Plan (the "Initial Term") shall, unless earlier terminated in accordance with these Terms of Service, be the one (1) year period commencing on day on which the Initial Plan begins (the "Effective Date"); and (b) on the first anniversary of the Effective Date and on each anniversary of the Effective Date thereafter, the term of the Annual Plan shall automatically renew for additional periods of one (1) year (each, a "Renewal Term"), unless (i) Digital Scholar notifies you not less than fifteen (15) days prior to the expiration of the then current Initial Term or Renewal Term that the current Annual Plan shall not automatically renew; or (ii) you give Digital Scholar written notice of non-renewal not less than fifteen (15) days prior to the expiration of the then current Initial Term or Renewal Term. The Fees payable for any Renewal Term shall be at Digital Scholar’s rates then in effect on the date of the expiration of the then current Initial Term or Renewal Term. The Initial Term and Renewal Terms are collectively referred to in these Terms of Service as the "Term".

9. Termination

You may terminate an Annual Plan at any time by providing Digital Scholar at least thirty (30) days advanced written of termination, using the “My Account” page located at https://www.omeka.net/dashboard/account/ or by submitting a request at https://info.omeka.net/contact/. For avoidance of doubt, you must terminate your Annual Plan at least fifteen (15) days prior to the expiration of the then current Initial Term or Renewal Term to avoid automatic renewal of your Annual Plan and a corresponding charge for Fees for the next Renewal Term.

Digital Scholar may terminate your Annual Plan by providing written notice of termination to you if you breach or otherwise fails to comply with these Terms of Service. Without limiting the generality of the foregoing, if you do not pay Fees in a timely manner (which includes, but is not limited to, Digital Scholar’s inability to charge you for Fees using the Payment Information provided): (a) Digital Scholar reserves the right to immediately revoke access to your Account; and (b) if you do not pay all Fees and otherwise bring your balance current within thirty (30) days after Digital Scholar provides you with notification of the unpaid Fees, Digital Scholar may in its sole discretion terminate your Annual Plan without further notice to you.

Upon termination of your Annual Plan for any reason, your use of the Services shall immediately and automatically be discontinued. No termination of your Annual Plan shall: (i) relieve you from its obligation to pay any Fees accrued by you prior to the termination date (including, without limitation, any remaining prepaid Fees for the balance of the then current Initial Term or Renewal Term); or (ii) obligate Digital Scholar to refund or otherwise return any Fees paid by you before termination. FOR AVOIDANCE OF DOUBT, ALL FEES PAID TO DIGITAL SCHOLAR ARE NON-REFUNDABLE.

10. Payment Terms and Fees

For avoidance of doubt: (a) the Services provided by Digital Scholar do not include licensing the Software; (b) the Fees charged by Digital Scholar for the Services are not license fees, but charges for hosting for you the Software and other Services; (c) the Software is licensed (and released for free public use) under GPL.v3, not these Terms of Service; and (d) a copy of the GPL.v3 is available here: https://www.gnu.org/licenses/gpl-3.0.en.html#license-text.

As a condition to the purchase of any Annual Plan, you agree to provide Digital Scholar with a valid debit card, credit card, or purchase order number with available credit sufficient to pay the applicable Fees, and other information as required by Digital Scholar (the "Payment Information"). All Payment Information provided by or on behalf of you shall be true, accurate, current and complete, and you are solely responsible for updating such Payment Information as necessary. You hereby authorize Digital Scholar to: (a) charge such credit card, debit card, or purchase order using the Payment Information for all Fees; and (b) from time to time, take steps to determine whether the Payment Information is valid. Digital Scholar reserves the right to terminate an Annual Plan immediately in the event any Payment Information is found to be inaccurate, incomplete or not current at any time. Digital Scholar shall not be responsible for any overdraft charge or other fees that may be incurred by Digital Scholar’s use of your Payment Information.

Payment of Fees is handled for Digital Scholar by third party payment providers, and charges shown on your credit card statement for Fees may include a payment provider’s identifier. If you believe any Fees charged to you are incorrect, you must contact Digital Scholar in writing within thirty (30) days of the date of the bill containing the amount in question to be eligible to receive an adjustment or credit.

The Fees in effect at any given time are set out here: https://omeka.net/signup, and are subject to change from time to time. You agree to pay the Fees and any other charges (including any applicable taxes) for the specific Services plan you select in accordance with Fees and billing terms in effect at the time you subscribed to such services. All Fees and charges, when paid to Digital Scholar, are nonrefundable and accrue on the first day of the Initial Term or Renewal Term until terminated, regardless of whether or not you actually use the Services.

All Fees and charges paid to Digital Scholar are nonrefundable. Should you elect to upgrade your Annual Plan to a higher plan, the Effective Date for your next Renewal Term will be reset and you will be billed for the first year of the upgraded Renewal Term on a pro-rata basis. For example, when you start your Initial Term on the Effective Date, your next payment for the successive Renewal Term would be due on the one (1) year anniversary of that Effective Date. If during the course of the Initial Term you upgrade your Annual Plan to a higher plan, the cost of the remaining time in the Initial Term is prorated at the Fee rate for that higher plan. That calculated time is appended to your Term. You may downgrade your Annual Plan, but downgrading may cause the loss of Submissions, content, features, or capacity of your Account. Should you to opt to downgrade, you agree to be solely responsibility for such loss, and Digital Scholar shall not be held liable for such loss. The new Fee rate after a downgrade would go into effect at the start of your next Renewal Term – no prorated refund for the remainder of the then Initial Term or Renewal Term will be issued to you.

For example, if you initially signed up for a $20/year Annual Plan on January 1, 2000, that Initial Term would end on January 1, 2001. However if on July 1, 2000 you decided to upgrade to the $60/year plan, your revised Initial Term would be 14 months — from July 1, 2000 to August 31, 2001. This is because your revised Initial Term would include an additional two months, as the prior unused Fee (in this example, $10) would cover an additional two months under the $60/year plan. If after your revised Initial Term you renewed for a Renewal Term, you would return to a 12-month term for that Renewal Term.

11. Acceptable Use and Conduct/User Restrictions

As a condition of your access and use of the Services, you agree that you will use the Services in compliance with these Terms of Service and all applicable laws, including any laws regarding the transmission of technical data exported from your country of residence and all export controls and embargo restrictions under the laws of the United States.

You further agree that you shall not: (a) impersonate any individual or entity or misrepresent your affiliation with any other individual or entity; (b) use the Services in any manner with the intent to interrupt, damage, disable, overburden or impair the Services; (c) use the Services in violation of Digital Scholar's or any third party's intellectual property or other proprietary or legal rights; (d) use the Services in violation of any applicable laws and/or to encourage illegal activities; (e) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Services or make any unauthorized use thereof; (f) access, tamper with, or use non-public areas of the Services, Digital Scholar’s computer systems, or the technical delivery systems of Digital Scholar’s providers or otherwise obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Services; (g) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures or otherwise attempt to gain unauthorized access to the Services through hacking, password mining or any other means; (h) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data miner” or any other program, device or algorithm, process or methodology to access, acquire, copy, or monitor the Services (or portions thereof); (i) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (j) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by taking any action that would interfere with or create an undue burden on the Services; or (k) use the Services in any way that might bring Digital Scholar into disrepute.

Any commercial or promotional distribution, publishing, or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of Digital Scholar, Digital Scholar’s licensors or the otherwise applicable rights holders.

12. Changes to and Termination of the Services

Digital Scholar aims to continually improve the delivery and content of the Services and, as a result, Digital Scholar will make changes to the Services from time to time. New features may be added, but Digital Scholar also may modify or discontinue (temporarily or permanently) any element of the Services, in whole or in part. Digital Scholar also reserves the right, at any time, to disable the Services temporarily for security or maintenance reasons.

Without limiting the generality of the foregoing:

A. In the event that Digital Scholar cannot obtain commercially-practical rates or terms from a service provider or supplier, Digital Scholar may cease to offer the Services in their entirety. In such case, Digital Scholar will provide thirty (30) days prior notice via e-mail to the e-mail associated with your Account.

B. In the event that Digital cease to offer the Services in their entirety for any other reason, Digital Scholar will provide thirty (30) days prior notice via e-mail to the e-mail associated with your Account. In such case, Digital Scholar will not charge you for Services after said cessation of Services, and will refund you on a pro rate basis any Fees paid in advance for Services that were to be provide after the date of said cessation.

13. Privacy

For you to access certain portions of the Services, you may be asked to provide information that personally identifies you, such as your name and e-mail address (“Personal Information”). If you communicate with Digital Scholar by e-mail or otherwise complete online forms or the like, any information provided in such communication may be collected as Personal Information. All information that Digital Scholar collects from you in connection with the Services, including without limitation Personal Information, is subject to the Omeka.net privacy policy, which is updated from time to time and is incorporated herein by reference. Please visit https://info.omeka.net/privacy to see Omeka.net’s current privacy policy.

14. Copyright

You may access third-party content in your use of the Services. You may not remove any third party's copyright notices or other identifier, except as allowed by the third-party's license of that content. Digital Scholar is not responsible for any content provided by any third party.

All Submissions and other data and content made available through the Services must comply with U.S. copyright law. In the event that you receive any written notice that use of the Services or any Submission constitute infringement of third party’s copyright or other intellectual property right, or of any claim of libel or other claim of illegal conduct or violation of third party rights, you agree to notify us immediately. Upon receipt of such notification, or if Digital Scholar learn of such a claim from another source, Digital Scholar may at its sole discretion remove the Submission(s) from the Service.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512, as amended) (“DMCA”), if you believe in good faith that copyrighted work has been copied, adapted, reproduced or exhibited on the Site or through use of the Services in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to our Designated Agent, Alex H. Pyle, Sheehan Phinney Bass + Green PA, 255 State Street, 5th Floor, Boston, MA 02109. To be effective, the notification of claimed infringement must include the following information:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (this should include title(s), author(s), any U.S Copyright Registration number(s), URL(s), etc.);

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Digital Scholar to locate the material (for example, file name or URL of the page(s) that contain(s) the material);

D. Information reasonably sufficient to permit Digital Scholar to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please consult your legal advisor before submitting written notification, as the above-stated requirements may have changed. For further information about the DMCA, please visit the website of the U.S. Copyright Office at: https://www.copyright.gov/onlinesp/.

In appropriate circumstances, Digital Scholar, at its sole discretion, may suspend or terminate any user’s access to the Services and/or take other action against users where infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL SCHOLAR AND ITS SERVICE PROVIDERS, SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR THROUGH USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR SUBMISSIONS OR OTHER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DIGITAL SCHOLAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DIGITAL SCHOLAR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF DIGITAL SCHOLAR AND OF ITS SERVICE PROVIDERS, SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS, ARISING FROM OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICES SHALL BE LIMITED TO THE AMOUNT OF YOUR DIRECT DAMAGES RESULTING FROM SUCH BREACH OR DEFAULT, NOT TO EXCEED THE FEES ACTUALLY RECEIVED BY DIGITAL SCHOLAR (IF ANY) WITH RESPECT TO THE USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE ACT OR OMISSION GIVING RISE TO SUCH BREACH OR DEFAULT.

16. Disclaimer of Warranties

YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, DIGITAL SCHOLAR AND ITS SERVICE PROVIDERS, SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES AND AGENTS, HEREBY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, OR FITNESS FOR PARTICULAR PURPOSE OR NEED.

DIGITAL SCHOLAR MAKES NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. DIGITAL SCHOLAR WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT MADE AVAILABLE THOROUGH THE SERVICES. YOU ALSO AGREE THAT DIGITAL SCHOLAR HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. YOU SHOULD ENSURE THAT YOU HAVE SUITABLE BACKUPS OF ALL OF YOUR DATA. DIGITAL SCHOLAR MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DIGITAL SCHOLAR OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

17. Indemnity

You agree to defend, indemnify, and hold harmless Digital Scholar, its directors, officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from your use of the Services, your Submissions, your breach of these Terms of Service and/or violation of any applicable laws. Digital Scholar reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which even you will cooperate with Digital Scholar in asserting any available defense.

18. Third Party Add-Ons

Third party websites, plugins, modules, themes, and other add-ons (collectively, “Third Party Add-Ons”) may be available via the Services. Third Party Add-Ons are subject to, and governed by, their respective license terms, and those terms will prevail over these Terms of Service as to your use of the Third Party Add-Ons.

19. Links

The Services may contain links to third-party websites or resources, including without limitation links to Third Party Add-Ons. These links are provided solely as a convenience to you. You acknowledge and agree that Digital Scholar is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Digital Scholar of such websites or resources or the content, products, or services available from such websites or resources. Nor do links to such websites and resources imply that Digital Scholar is affiliated or associated with the linked-third-party site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

20. Local Laws and Export Control

Digital Scholar, through the Site and the Services, provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control and other U.S. agencies. You acknowledge and agree that the Services, including without limitation the Site, shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Digital Scholar and its licensors make no representation that the Services are appropriate or available for use in other locations outside the United States. You agree to be responsible, at your expense, for complying with all applicable laws and regulations of each jurisdiction where you or any of your Institutional Users use the Services (including, without limitation, laws and regulations pertaining to (i) exports or imports of software and related property, (ii) use or remote use of software and related property, and (iii) registration of these Terms of Service). You agree to indemnify and hold harmless Digital Scholar and its affiliates from and against all actions, claims, and proceedings brought or asserted against, and all damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) suffered or incurred, by Digital Scholar and its affiliates arising out of any violation or alleged violation by you of any such laws or regulations. Any diversion of the Services and/or any content obtained from or through the Services contrary to United States laws is prohibited.

21. Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of Virginia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Virginia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms of Service on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms of Service and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Virginia (excluding choice of law).

22. Trademarks and Logos

You may not use any of Digital Scholar’s trademarks, services marks, or logos in a way likely to cause confusion as to the origin of goods or services, to endorse or show affiliation with Digital Scholar, or in any other way that infringes Digital Scholar’s trademark, copyright or other intellectual property rights.

23. General

If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. These Terms of Service constitute the entire agreement between you and Digital Scholar with respect to the Services, including without limitation use of the Site. Any changes to these Terms of Service must be made in writing, signed by an authorized representative of Digital Scholar to be binding on Digital Scholar. Notwithstanding the foregoing, Digital Scholar, at its sole discretion and without notice, may change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes in these Terms of se will be effective when posted. Digital Scholar may also, in its sole discretion, notify you of changes in these Terms of Service via an email to the email associated with your account or via a notice displayed on the Site. Your continued use of the Site and/or the Services made available on or accessed through the Site after any changes to these Terms of Service are posted will be considered acceptance of those changes.

Except as otherwise provided in these Terms of Service, all notices should be sent by registered mail to the Corporation for Digital Scholarship, 8300 Boone Blvd., Suite 500, Vienna, Virginia 22182.

Effective Date: June 1, 2024

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