Breac: A Digital Journal of Irish Studies
1. Acceptance of Terms. Welcome to Breac: A Digital Journal of Irish Studies. By accessing or using Breac: A Digital Journal of Irish Studies, you agree to be bound by these "Terms of Service."
2. Definitions. In these Terms of Service: Breac: A Digital Journal of Irish Studies means the website associated with the domain name breac.nd.edu. “Service” means all the services offered in conjunction with the website. “Breac” means John Dillon and Nathaniel Myers (publishers and service providers of Breac).
3. Description of Services. Breac: A Digital Journal of Irish Studies provides a range of services including but not limited to access to scholarly content, event streaming through BreaCam, comment boards and announcements, subscription services, and networking and user-generated content services. Any modification of and new additions to the services will also be subject to these Terms of Service. Please review these Terms of Service every now and then so that you will be aware of any changes.
Although we will attempt to notify our users of significant changes to the services or Terms of Service, we may modify the services or Terms of Service for any reason, and without notice. We may also terminate the Services with or without notice, and without liability to you, any other user, or any third party.
4. Your Obligations. You are responsible for obtaining access to the website and for paying any fees involved in obtaining that access (such as Internet service provider and the cost of the equipment you use to access the website).
As a user of the services, you agree to not use the services to:
1. post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, any member of Breac or the Breac community, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. disguise the origin of any material posted on or transmitted by Breac;
5. post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (like the Announcements page) that are designated for such purpose;
7. post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. "stalk" or otherwise harass another; or
9. collect or store personal data about other users.
Breac uses the subscription data collected on the website to provide you with the requested services. If you enter personal data to create an account, for example, that personal data will be used to create your account and allow you to access certain features of Breac.
Breac may also use the personal data to contact you for a variety of reasons, such as but not limited to notifying you about upcoming Call for Papers, changes to the website, or requesting your feedback on Breac. If you wish to opt-out of these contacts, you can email us at firstname.lastname@example.org. Even if you opt out of certain contacts, Breac may still contact you about any problems or issues with your personal subscription.
7. Indemnity. You agree to indemnify and hold harmless Breac, John Dillon and Nathaniel Myers, individually and as Publishers, the University of Notre Dame and its subsidiaries, affiliates, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through the services, your use of the services, your connection to the website, your violation of these Terms of Service, or your violation of any rights of another person or entity.
9. Use and Storage of User Material. Breac may establish general practices and limits concerning use of the services, including limits on: the time that user-posted material will be available through the services; the time that user-posted material will be stored by Breac; the maximum size of any single posted event; the maximum disk space that will be allotted on Breac servers on your behalf; the maximum number of times you may access the services in a given period of time; and the maximum duration of each access. You acknowledge that Breac reserves the right to terminate subscriptions for any reason stipulated in this Terms of Service. You further acknowledge that Breac reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. Termination. You agree that Breac, in its sole discretion, may terminate your subscription or use of the services, and remove and discard any material available on or stored by Breac for any reason, including, but not limited to, actions inconsistent with the Terms of Service. Breac may also, in its sole discretion and at any time and for any reason, discontinue providing the services, or any part thereof, with or without notice. You agree that upon termination Breac may immediately deactivate or delete your subscription account and all related information and files in your account and bar any further access to such files or the services. Further, you agree that Breac shall not be liable to you or any third party for any termination of your access to the services.
11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BREAC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BREAC MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BREAC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BREAC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BREAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
20. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
13. General Contract Provisions. The Terms of Service constitute the entire agreement between you and Breac and govern your use of the Services, superseding any prior agreements between you and Breac. The Terms of Service and the relationship between you and Breac shall be governed by the laws of the State of Indiana. The failure of Breac to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision or any other right or provision. If any provision of the Terms of Service is held by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties in one year after such claim or cause of action arose or be forever barred.