The following terms and conditions (the “Terms and Conditions”) govern your use of this blog, and any content made available from or through this blog, located at http://blog.oup.com, including any subdomains thereof (the “Blog” or the “OUP Blog”). This Blog and its contents are made available by the Oxford University Press USA (“OUP”) and its licensors (collectively referred to in this Terms and Conditions as “we,” “us,” “our” or other similar pronouns, or “The OUP Family”). We may change the Terms and Conditions from time to time, at any time, by posting such changes on the Blog, and which changes will be effective when posted. 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. If you do not agree to these Terms and Conditions, you may not access or otherwise use this Blog.
- General Terms. Everyone is welcome to submit comments to our Blog. You understand that the Blog posts and the comments 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.
- Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Blog, by email or in any other way. Any materials, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other 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 us in any manner. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials (in whole or 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, and (ii) 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 us the right to use such content for promotional and marketing purposes.
- Proprietary Rights. Subject to the provisions of Section 2, as between you and us, we own, solely and exclusively, all rights title and interest in and to the Blog, the code, data and materials thereon, and the look and feel, design, compilation and organization of the Blog and the content, code, data and materials thereon, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Blog does not grant you ownership of any content, code, data or materials you may access on or through the Blog. You may duplicate and reference limited portions of the Blog for “classroom use” only, 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. Images from the Blog must not be used in print without obtaining the appropriate copyright clearances. An OUP link must appear prominently at the top of each Web page displaying OUP Blog content, as permitted by this section.
- User Content. 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. Accordingly, 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.
- User Conduct. You also agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Blog for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) offer to buy or sell any product or service on or through your comments submitted to our Blog; (d) 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 (e) 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.
- Links from and to the Blog. You acknowledge and agree that we are not responsible for the materials or information provided by Web sites to which you may link from the Blog (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with OUP of such sites or the content, products, advertising or other materials presented thereon. Any use of or reliance on the contents of such Linked Sites is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance or use.
- Content Monitoring. We reserve the right (but 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. OUP shall in no event have any responsibility or liability for the content or materials that you may submit to this Blog, or for any claims, damages, or losses resulting from their use or appearance on this Blog.
- Indemnification. You agree to defend, indemnify and hold OUP and any member of The OUP Family, and their 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 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’s defense of such claim.,/li>
- 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, 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 OR ANY MEMBER OF THE OUP FAMILY, OR ANY OF THEIR 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 control and operate this Blog from our offices in the United States of America. We 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, if we believe you are in breach of these Terms and Conditions or applicable law, or for any or no reason. We may impose limits on certain features of the Blog or restrict your access to part or all of the Blog at any time if we believe you are in breach of the guidelines set forth in this section, these Terms and Conditions or applicable law, or for any reason without notice or liability. OUP maintains a policy that provides for the termination in appropriate circumstances of the Blog use privileges of users who are repeat infringers of intellectual property rights.
- 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.
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- Miscellaneous. These Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of New York, and you further 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.