TERMS AND CONDITIONS
These terms and conditions (“Terms and Conditions”) apply to the use of the Latin America Research Commons, of the Latin American Studies Association ("LASA," "We," "Us" or "Our") at larcommons.org (the “Site”) by any individual or entity (“You,” “Your”).
By accessing, viewing or using the Site, You hereby agree to be legally bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include any guidelines, rules, additional terms or disclaimers that may be posted and updated on the Site.
LASA reserves the right to change, any portions of these Terms and Conditions, in its sole and absolute discretion, at any time and without prior notice. Therefore, prior to accessing the Site You are strongly encouraged to check these Terms and Conditions periodically for any modifications. Your continued use of the Site following any changes to the Terms and Conditions shall mean that You have accepted and agreed to be legally bound by the Terms and Conditions then in effect.
LASA permits the Site to host site various open access journals. Access to the Site and to the journal content contained therein is provided free of charge and does not create a professional services relationship or any other relationship between You and LASA.
The Site and the journal content contained therein are provided solely for Your personal, non-commercial use. You may not develop or derive for commercial sale, or any other unauthorized purpose, any data in machine-readable or other form that incorporates, cites to or uses any part of the Site or transfers to or stores any data residing in or exchanged over the Site in any electronic network for use by more than one user unless You obtain prior written permission from LASA, which consent LASA may withhold in its absolute discretion. Specifically, unless explicitly authorized in these Terms and Conditions or in writing by the owner of the materials, You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site.
Any uses and/or copies of content on the Site, in whole or in part, must include the customary bibliographic citation, including author attribution, date and article title, and may also require permission from the relevant publisher.
You may print or download content from the Site for Your own personal, non-commercial, informational or scholarly use, provided that You keep intact all copyright and other proprietary notices.
You shall not reverse engineer, disassemble, decompile or translate any software in the content of the Site, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without Our prior written permission. You shall not engage in systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without Our prior written permission, which We may withhold in Our sole and absolute discretion.
Unless expressly authorized by Us, You shall not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site. If the Site contains robot exclusion files or robot exclusion headers, You agree to honor them and not use any device, software or routine to bypass them. You shall not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any LASA server, or any of the products or services provided on, accessed from or distributed through the Site. You shall not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
You shall not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, which is otherwise actionable at law, or which otherwise violates any of these Terms and Conditions. LASA may, but is no way obligated to, at any time exercise editorial control over any content of the Site.
You shall not, without the prior written approval of LASA, which LASA may withhold in its sole and absolute discretion, use the Site to publish or distribute any advertising, promotional material, or solicitation to use any goods or services. For example (but without limitation), You may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, You shall not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
We do not claim authorship, ownership of, or control over any journal content, journal articles or materials, other than that of the Latin American Research Review, on the Site, and We are not responsible for their content, including, without limitation, their accuracy or compliance with relevant laws or regulations. LASA assumes no responsibility or liability whatsoever arising from the content of the Site, including without limitation, any errors, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information on or related to the Site or accessed through the Site. LASA also does not warrant that the functions or informational materials contained in or accessed or downloaded through Our Site are free of computer viruses or other harmful components. We have the right, but not the obligation, to monitor journal content to determine compliance with these Terms and Conditions and any operating rules We establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole and absolute discretion to edit, refuse to post, or remove any journal content.
We make no representation or warranty that information on the Site is applicable to or appropriate for use in locations outside the United States.
THE SITE AND ALL JOURNAL CONTENT AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH LASA DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE AND ITS CONTENT AND SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, LASA MAKES NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE CONFIDENTIALITY, OR NOT, OF ANY COMMUNICATION OR INFORMATION ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE.
The opinions, information and other content on the Site are the exclusive work product of the authors and other persons who have caused such content to be included on the Site.
We hereby disclaim any and all liability and responsibility for any injury and/or damage to persons, animals or property, as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. Discussions, views, and recommendations as to medical or health care procedures, policy recommendations, guidelines, materials or services that may be offered, advertised, provided or displayed on the Site or incorporated in the journal contents or services contained on, accessible from or distributed through the Site are the sole and exclusive responsibility of the authors. In many instances, the content available through the Site represents the opinions and judgments of the respective journal owner. LASA neither endorses, adopts, nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Site. Under no circumstances will LASA be liable for any loss or damage caused by the user’s reliance on information obtained through the Site. It is the user’s sole and exclusive responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site.
IN NO EVENT SHALL LASA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, AND LICENSORS BE RESPONSIBLE OR LIABLE TO ANY EXTENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY LEGAL THEORY INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, JOURNAL ARTICLES OR OTHER MATERIALS DERIVED FROM THE SITE, SITE-RELATED SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. USERS SPECIFICALLY ACKNOWLEDGE THAT LASA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR OTHERWISE ILLEGAL CONDUCT OR SPEECH OF OTHER USERS, JOURNAL CONTENT OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. USERS’ SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
The Site may contain links to third-party sites or resources. LASA is not responsible to any extent for such third-party sites or resources, including, without limitation, for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable to any extent for any content, advertising, products or other materials on or available from such sites or resources. Because LASA is not responsible for the availability or accuracy of these outside resources or their contents, You should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from Ours.
You hereby agree to indemnify and hold LASA, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages (including, without limitation, punitive damages) and costs, including, without limitation, reasonable attorneys' fees, arising out of or in connection with Your use of or inability to use the Site or its content or services.
You agree to comply with all applicable local, state, national and international laws, statutes, ordinances and regulations that apply to Your use of the Site and its content, products and services. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
If You attempt to bring any legal action against LASA based in any way on its products or services, including the Site, You agree that, in the event You do not prevail or if LASA does prevail, You will reimburse LASA for any and all costs and attorney’s fees associated with LASA’s defense of the action.
All matters relating to Your access to or use of the Site, including all disputes, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflicts of law principles. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in Allegheny County of the Commonwealth of Pennsylvania, USA. Any claim arising out of or in connection with Your use of or inability to use the Site or its content or services must be brought within one (1) year after the event or such claim shall be forever barred.
If any provision or portion of these Terms and Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.