Open Legal Blog Archive, Inc. (“OLBA”) shall provide blog archive and syndication (“Services”) to Submitter. Syndication includes syndication to third-party publishers, including legal research and AI platforms, bar associations, continuing legal education associations, OLBA, Inc, among other parties. These terms and conditions constitute the agreement of the parties (“Agreement”). Submitter agrees that the submission and legal blogs or other content shall constitute the execution of these terms and conditions.
In no event will OLBA, and LexBlog. as a backer of OLBA, be liable to Submitter or to any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of Services provided, including any copyright, trademark, patent, tort, contract or any other claim. Submitter MAKES NO REPRESENTATIONS, EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ASSUMES NO RESPONSIBILITIES WHATSOEVER WITH RESPECT TO CLIENT’S DISPLAY, PUBLICATION, OPERATION OR OTHER USE OF THE SITE THAT IS THE SUBJECT MATTER OF THIS AGREEMENT.
Submitter represents to OLBA that any content provided to OLBA (“Submitter Content”) is owned by Submitter or that Submitter has the permission of the owner to use the Submitter Content. Submitter holds OLBA, its officers and subcontractors harmless from any claim or liability arising out of the use of such content. OLBA represents to Submitter that any content, software, code, design features or architecture (“OLBA Content”) that is provided by OLBA to effect Services is owned by OLBA or that OLBA has the permission of the owner to use such content. OLBA holds Submitter harmless from any claim arising out the authorized use thereof by Submitter under these Terms of Services.
- COPYRIGHT INFRINGEMENT & DMCA POLICY
As OLBA asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by OLBA violates your copyright, you are encouraged to notify OLBA in accordance with OLBA’s Digital Millennium Copyright Act (“DMCA”) Policy. OLBA will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Submitter will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Submitter or others. In the case of such termination, OLBA will have no obligation to provide a refund of any amounts previously paid to OLBA.
- SUBSEQUENT ORDERS
This Agreement shall apply to any subsequent Services requested by Submitter. The provisions hereof shall be incorporated by reference into the subsequent Orders. Defined or capitalized terms herein shall have the same meaning in any subsequent Orders, as the context requires.
- RESOLUTION OF DISPUTES
Any dispute or disagreement arising between the parties shall be resolved by binding arbitration under the Commercial Rules of the American Arbitration Association (“AAA”) in King County, Seattle, WA. The laws of the State of Washington shall govern such arbitration before a single arbitrator selected according to AAA rules.
OLBA may update this Agreement from time-to-time. In the event of a material modification to the Agreement, OLBA will provide Submitter with written notice thereof. Submitter’s continued use of Services constitutes acceptance of any update or change to the Agreement. If Client does not agree to any update or modification, Submitter may terminate this Agreement in accordance with the termination provisions set forth herein.
- SOLE AGREEMENT & SEVERABILITY
This Agreement is the sole agreement between OLBA and Submitter.. The terms of this Agreement apply to all subsequent submissions by Client. If any provision of the Agreement is unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from the Agreement and not effect the remaining terms of the Agreement.
- US ECONOMIC SANCTIONS
You expressly represent and warrant that your use of OLBA’s Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and OLBA reserves the right to terminate access of those in the event of a breach of this condition.
- RESPONSIBILITY OF SUBMITTERS
If you operate a blog, comment on a blog or submit material to a blog, (or allow any third party to make) material available any such material,(“Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using OLBA, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to OLBA for inclusion, you grant OLBA a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of syndicating, displaying, distributing, promoting your blog. This license allows OLBA to make publicly-posted content available to third parties selected by OLBA so that these third parties can analyze and distribute your content in full and for publication through their Services.
Without limiting any of those representations or warranties, OLBA has the right (though not the obligation) to, in OLBA’s sole discretion, (i) refuse or remove any content that, in OLBA’s reasonable opinion, violates any OLBA policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of OLBA to any individual or entity for any reason.
From time-to-time OLBA may cease supporting aspects of the Services (any such event, an “End of Life”). Should components of the Services come to an End of Life, we will attempt to replace them with comparable components, but may not be able to do so. An End of Life is not a breach of this Agreement.
Certain aspects of the Services may be in beta form as designated by us (“Beta Services”). In addition to the disclaimers of warranty set out in this Agreement, the Beta Services are provided on an as-is basis with the express understanding that they may not have been tested, have faults, and may not be as secure as other elements of the Services. Any SLA does not apply to the Beta Services. OLBA reserves the right to terminate the Beta Services at any time, even if you have relied on them as a material inducement to enter into this Agreement. We make no guarantee that Beta Services will be put into production.
- BACKUPS AND LOSS OF DATA
OLBA does keep backups of all data stored on OLBA’s servers. OLBA will provide a backup of that data when OLBA deems feasible, but OLBA can not guarantee that we provide them with all data that is lost.
Any use of the Service in violation of these Limitations is strictly prohibited and can result in termination of Services. You agree that you will not, under any circumstances:
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including OLBA employees, agents or partners.
Post of Privileged client information.
Send of unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
Use the Services or Materials to impersonate another person.
Publish Content, or links to Content, that is:
Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
Contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any OLBA user to access the Services.
OLBA may provide support through a variety of methods (e.g. knowledgebase, forums, chat) (“Support”).
If you abuse our support staff or any employee of OLBA, OLBA may terminate this agreement and your access to the Services effective immediately.
During OLBA’s interactions with you, including while providing Support, OLBA may solicit or you may provide feedback about the Services. You agree that OLBA is free to use and disclose this feedback for any purpose. If OLBA makes any changes to its Services or products, or develop new products or services, using the feedback, then you agree that OLBA own all right, title and interest to such changes or new products or Services.
- THIRD PARTY WEBSITES & THIRD PARTY SERVICES
The Site may contain links to other websites owned by third parties (“Third Party Sites”). Please note that when you click on any of these links, you are entering another website for which we have no responsibility or control. OLBA is not responsible for any activity occurring within Third Party Services, even if linked on OLBA.
You agree that OLBA isnot be responsible for any loss or damage of any sort incurred as a result of your use of any Third Party Sites and/or Third Party Services, whether or not you were linked to or directed to a Third Party Site or Third Party Service through the Site. You acknowledge that Third Party Sites and Third Party Services may be subject to the applicable third party provider’s terms of service, and you are solely responsible for reviewing and complying with any such terms of service. In no event shall any reference on the Site to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
- GDPR Compliance as Data Processor
To the extent that Submitter collects or otherwise acts as a “controller” of “personal data” as that term is defined under the General Data Protection Regulation (“GDPR”), Submitter agrees that agreeing to Serviced shall constitute agreement and execution of the OLBA GDPR Data Protection Addendum, available here.
Submitter understands and acknowledges that transfer of personal data by Client to OLBA constitutes transfer of personal data outside the European Union/EEA. A request of Services includes execution of Annex 2 to the OLBA GDPR Data Protection Addendum, which is countersigned by OLBA. To opt out of the “Standard Contractual Clauses”, Submitter must send the following information to OLBA in a written notice:
the full legal name of the Client and any Affiliate that is opting out;
if Submitter has multiple Services, the Orders to which the opt-out applies;
and a statement that Submitter opts out of the Standard Contractual Clauses.
Beginning May 25, 2018 and thereafter, references to various Articles from the Directive 95/46/EC in the Standard Contractual Clauses below will be treated as references to the relevant and appropriate Articles in the GDPR.
For the purposes of Article 26(2) of Directive 95/46/EC for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection, Submitter (as data exporter) and OLBA (as data importer, whose signature appears in Annex 2), each a “party,” together “the parties,” have agreed on the Contractual Clauses (the “Clauses” or “Standard Contractual Clauses”) in order to adduce adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals for the transfer by the data exporter to the data importer of the personal data specified in Appendix 1 to Annex 2.
- TERM AND TERMINATION
This Agreement will become effective upon the date of signature by Submitter (“Effective Date”) and shall continue until terminated. This Agreement shall automatically renew for successive terms of 12 months each, unless either party provides the other party with at least 30 days written notice of termination prior to expiration of the term then in effect, or unless otherwise terminated for cause or by mutual agreement of the parties.