Terms and Conditions of Use
Please read these Terms and Conditions and, if you do not agree to them, do not access or otherwise use the Blog. BY SUBMITTING MATERIALS TO THE BLOG, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS POSTED AND AS APPLIED TO YOUR USE OF THE BLOG.
- General Terms. Everyone is welcome to submit comments to our Blog.
You understand that Blog posts and the comments related to such Blog posts (whether provided by us, our agents or bloggers, or by users) do not constitute medical or legal advice or recommendation of any kind, and you should not rely on any information contained in such posts to replace consultations with qualified professionals to meet your individual needs. The opinions and other information contained in the Blog posts and comments do not necessarily reflect the opinions or positions of OUP US; our affiliate in the United Kingdom, Oxford University Press (“OUP UK”); or any of OUP UK’s branches, subsidiaries or other affiliates (collectively with OUP US and OUP UK referred to as the “OUP Group”).
- Proprietary Rights. This Blog and its contents are protected by copyright, trademark, database, and other intellectual property and other rights and, by permitting you access to the Blog, no member of the OUP Group is granting any license to these intellectual property or other rights except as may be explicitly provided in these Terms and Conditions. Without limiting this, the Oxford name and logo are registered trademarks owned by OUP UK. Subject to the provisions of Section 3 below, as between you and OUP US, OUP US solely and exclusively owns all rights, title and interest in and to the Blog, its associated code, data and materials, and the look and feel, design, compilation and organization of the Blog.
Your use of the Blog does not grant you any license to or ownership of any content, code, data or materials which you may access on or through the Blog, however you may read, print and download one copy of portions of the information on this Blog and make personal use of it, and you may duplicate and reference limited portions of the Blog for “classroom use” on the condition that you provide appropriate attribution and/or links back to this Blog. In doing so, you may not remove or alter any RSS feed, internal text link, trademark, watermark, copyright, or other proprietary notice. For duplications and references in print, Blog content must appear unedited and at the top of each section that displays such Blog content, however, hyperlinks may be replaced with full URLs. A link to the Blog must appear prominently at the top of each Web page displaying Blog content, as permitted by this section.
You many not make any commercial use of this material without obtaining our prior written permission. If you wish to seek such permission, please contact our Rights and Permissions department.
- User Content and Submitted Materials. By submitting material for inclusion on the Blog, you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By posting material on our Blog, you are also giving the OUP Group the right to use such content for promotional and marketing purposes.
Please do not submit any unsolicited confidential, secret or proprietary information or material through the Blog, by email or in any other way. Any materials submitted or sent to us on or through the Blog (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by the OUP Group in any manner. By submitting or sending Submitted Materials to us, you represent and warrant that the Submitted Materials (in whole and in part) are original to you, that no other party has any rights thereto, and that any “moral rights” in such Submitted Materials have been waived.
You agree that, while using this Blog, you will not upload, post or transmit to or distribute or otherwise publish through the Blog any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy or hateful; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. It is important to remember that comments submitted to a blog may be recorded and stored in multiple places, both on our Blog and elsewhere on the Internet and you should be careful not to disclose any sensitive, personal, proprietary or confidential information about yourself or others in your comments to our Blog posts.
You also agree that, in submitting any materials to this Blog, you will not: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) offer to buy or sell any product or service on or through your comments submitted to our Blog; (c) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users, contact information or other information, or send chain letters or pyramid schemes via the Blog; or (d) obtain or attempt to obtain unauthorized access to other computer systems, materials or information through any means. You agree that you will not use the Blog in any manner that could damage, disable, overburden, or impair the Blog or interfere with any other party’s use and enjoyment of the Blog. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Blog.
- Content Monitoring. We reserve the right, although we have no obligation, to monitor any content and materials submitted to the Blog. We reserve the right to decline to accept, edit, delete or remove any content or materials which you may submit to our Blog, at any time, for any or no reason.
- Links from and to the Blog. We provide links to other web sites from the Blog (“Linked Sites”). We are not responsible for the materials or information provided by these Linked Sites. Links to Linked Sites do not constitute an endorsement by, or association with, OUP US or any other organization in, or employee of, any OUP Group entity of such Linked Sites or their content, products, advertising or other materials. You should always review the terms and conditions of any Linked Site
- Indemnification. You agree to defend, indemnify and hold OUP US and every member of the OUP Group, and its and their respective directors, officers, employees and agents, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Blog, your placement or transmission of any content, information or other materials through the Blog, or your breach or violation of the law or of these Terms and Conditions. OUP US reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with OUP US’s defense of such claim.
- DISCLAIMER OF WARRANTIES. THE BLOG AND ALL OF ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, RETENTION, ACCURACY, TIMELINESS, CORRECTNESS, THOROUGHNESS, COMPLETENESS, PRECISION, USEFULNESS, OR CONTENT OF ANY DATA, INFORMATION OR MATERIALS ON THE BLOG, WHETHER PROVIDED BY US OR SUBMITTED BY YOU OR ANY USER, BLOGGER OR OTHER PERSON, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE BLOG OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE BLOG WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE BLOG SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL OUP US OR ANY MEMBER OF THE OUP GROUP, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE BLOG OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER, BLOGGER OR OTHER PERSON ON OR THROUGH THE BLOG. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE OUP BLOG, EXCEED, IN THE AGGREGATE, $10.00.
- Applicable Laws. We operate this Blog from our offices in the United States of America and do not represent that materials on the OUP Blog are appropriate or available for use in other locations. Persons who choose to access this Blog from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Termination. We may terminate, change, suspend or discontinue any aspect of the OUP Blog, at any time. Also, at any time, we may terminate your access to, or impose limits on certain features of, all or part of the Blog, including if we believe you are in breach of these Terms and Conditions or applicable law, or for any or no reason, without notice or liability.
- Copyright Act Agent. We respect the intellectual property rights of others, and require that the people who use the OUP Blog do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2) (“DMCA”), named below:
- -Your address, telephone number, and email address;
- -A description of the copyrighted work that you claim has been infringed;
- -A description of where the alleged infringing material is located;
- -A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- -An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- -A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Oxford University Press USA
198 Madison Ave.
New York, NY 10016
- Miscellaneous. These Terms and Conditions shall be governed by the laws of the State of New York, without regard to its conflict of law provisions and venue shall be in the state or federal courts located in the State of New York. You agree to submit to the personal and exclusive jurisdiction of the courts thereof. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
What information do we collect?
- Registration: on some parts of the Blog we ask you to register, and if you do, we ask for your name, email address, geographical address and other personal information.
- From time to time we will ask you for further information, for example if you enter a competition.
IP Address and Clickstream Data
Our server may automatically collect data about your server’s Internet address when you visit the Blog. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. Our server may also automatically record certain other non-personally identifying information, for example, the referring page that linked you to the Blog (e.g., another Web site, blog or search engine); the pages, posts and links you may visit on the Blog; the Web site you may visit after this Blog; other information about the type of Web browser, computer, platform, and related software and settings you are using. We may use this information for internal purposes, such as to administer the Blog. Such information may also be used to gather broad demographic information, such as country of origin and Internet service provider. Any or all of these activities with regard to IP Address and Clickstream Data may be performed on our behalf by our services providers.
How do we use your information?
We use the information to help us understand more about how the Blog is used and to improve the Blog. Additionally, we may use this information to send you information about us and our products which we think may be of interest to you, both electronically or otherwise.
Unless you have informed us that you do not wish to receive further information about our products and those of our affiliates and partners, we and they may send you direct mail.
When do we share information?
- We do not sell your information to others.
- We share your information with members of the OUP Group and the OUP Group’s member’s agents and distributors.
- If we believe that your use of the Blog is unlawful or damaging to others, we reserve the right to disclose the information we have obtained through the Blog to the extent that it is reasonably necessary in our opinion to prevent, remedy or take action in relation to such conduct
OUP US requests that you not provide any sensitive information to the Blog, including in comments related to Blog postings.
Because the Internet is an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be safe from intrusion by others. OUP US will take reasonable steps to protect the security and integrity of sensitive information provided in connection with this Blog. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we will use reasonable measures to notify you. If you have submitted your e-mail address to the Blog, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use another method to notify you in this situation, please e-mail us at firstname.lastname@example.org with the alternative contact information you wish to be used.
Consent to Processing
By providing information to this Blog, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
Linked Sites may collect information. We are not responsible for the information practices of such sites and do not control their privacy policies.
If you have any questions or comments regarding our privacy practices, you may contact us at email@example.com.
Effective Date: [3-30-07]