Skip to content
New issue

Have a question about this project? Sign up for a free GitHub account to open an issue and contact its maintainers and the community.

Sign up for GitHub

By clicking “Sign up for GitHub”, you agree to our terms of service and privacy statement. We’ll occasionally send you account related emails.

Already on GitHub? Sign in to your account

DMCA Policy #433

Merged
merged 1 commit into from
Feb 20, 2016
Merged

DMCA Policy #433

Show file tree
Hide file tree
Changes from all commits
Commits
Show all changes
1 commit
Select commit
File filter

Filter by extension

Filter by extension
Conversations
Failed to load comments.
Loading
Jump to
Jump to file
Failed to load files.
Loading
Diff view
Diff view
199 changes: 199 additions & 0 deletions cl/simple_pages/templates/terms/7.html
View file
Open in desktop
Original file line number Diff line number Diff line change
@@ -0,0 +1,199 @@
{% extends "base.html" %}

{% block title %}{{ title }}{% endblock %}
{% block search-form %}{% endblock %}

{% block content %}
<div class="col-xs-12">
<h2>Terms</h2>

<H4>1. We are not your lawyers.</H4>

<P>CourtListener.com is not intended to be or to provide legal advice.
Any information supplied by CourtListener.com or its operators is
intended solely as general guidance on the use of the service, and
does not constitute professional or legal advice.</P>

<H4>2. The service may be unreliable and might simply go away.</H4>

<P>CourtListener.com and its operators shall not be responsible for any
delays or interruptions of, or errors or omissions contained in,
the service. CourtListener.com may discontinue or alter any aspect
of this service, including, but not limited to: (i) restricting the
time of availability, (ii) restricting the availability and/or
scope of the service, (iii) restricting the amount of use
permitted, at CourtListener.com's sole discretion and without prior
notice or liability.</P>

<H4>3. The documents on this site may be unreliably reproduced.</H4>

<P>CourtListener.com makes no representations, warranties or covenants
regarding, and does not guarantee, the truthfulness, accuracy,
relevancy, or reliability of any information or other material that
are communicated through, or posted to, the service. You
acknowledge that any reliance on information or other material
communicated through, or posted to, the service will be at your own
risk.</P>

<H4><strong>4. Disclaimer of warranty.</strong></H4>

<P><strong>You agree that use of the service is entirely at your own
risk. The service is provided "as is," without warranty of any kind
whatsoever, either express or implied, to you or any other person
relating in any way to the service, including any part thereof, or
any Web site or other content or service that may be accessible
directly or indirectly through the service. Without limiting the
generality of the foregoing, CourtListener.com disclaims to the
maximum extent permitted by law any and all (i) warranties of
merchantability or fitness for a particular purpose, (ii)
warranties against infringement of any third party intellectual
property or proprietary rights, (iii) warranties relating to
delays, interruptions, errors or omissions in the service, or any
party thereof, (iv) warranties relating to the transmission or
delivery of the service, and (v) warranties otherwise related to
performance, nonperformance, or other acts or omissions by
CourtListener.com or any third party.</strong></p>

<h4>5. Limitations of liability.</h4>

<p>This disclaimer of liability applies to any damages or injury caused
by any failure or performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of record, whether
for breach of contract, tortious behavior, negligence, or under any
other cause of action. You specifically acknowledge that the risk
of injury from the foregoing rests entirely with you. Neither
CourtListener.com nor any of its partners, agents, executives,
directors, employees or affiliates shall be liable for any direct,
indirect, incidental, special or consequential damages whatsoever
arising out of use of this service or inability to again access to
or use this service or out of any breach of any warranty. You
hereby acknowledge that the provisions of this section shall apply
to all content on Courtlistener.com</p>

End of terms.
<p><em>Last modified: May 2, 2010</em></p>
<hr>
<h2 id="privacy">Privacy</h2>

<p>CourtListener does not sell information collected about your visits
to this site and will only share such information in the ways
explained in this policy. We do not allow any form of third-party
tracking, and instead use the open source <a
href="http://piwik.com">Piwik web analytics tool</a> to
collect information about site traffic and usage.</p>

<p>We temporarily collect the following standard technical information
about our visitors in our logs:</p>
<ul>
<li>The website that referred you to our site (via the <a
href="http://en.wikipedia.org/wiki/HTTP_referrer">HTTP
Referer</a> field)
</li>
<li>The browser software you use and the plugins it supports, your
operating system, and your monitor's resolution
</li>
<li>What country you are from, and what network provider you use.
In the case of some very large organizations, this may mean
that we may know that a visitor from your organization visited
our site.
</li>
<li>The first nine digits of the Internet protocol (IP) address of
the computer you are using or network you are on. The last four
digits are removed to increase your anonymity.
</li>
<li>Any queries that you made in our search, alert or Atom feeds
</li>
</ul>

<p>The information we collect is kept primarily to assist us in
diagnosing technical problems and defending against attacks on the
site, and we delete our logs automatically every 12 weeks. We may
use the information collected to change the site, by, for
example,studying user queries to try to improve the quality of
search results.We may also share anonymized information collected
with academic researchers and they may publish their research based
on that information.</p>

<p>We do not collect personal information about our visitors unless
they register an account. We will store account information unless
you ask us to delete your account or delete it yourself.</p>

<p>We support the <a href="http://donottrack.us/">Do Not Track</a>
standard through the Piwik DoNotTrack plugin.</p>

<p>Please contact us if you have any complaints or concerns about our
privacy policy, or notify the FTC via their <a
href="http://www.ftccomplaintassistant.gov">online
Complaint Assistant</a>.</p>

<p><em>Last modified: May 7, 2012</em></p>
<hr>
<h2 id="removal">Removal policy</h2>

<p>CourtListener believes that there is a compelling public interest in
making the law broadly available to all, and that is why we have
poured our energies into making the best free legal research tool
that we can. We recognize however, that there are occasionally
competing privacy interests of individuals and organizations. This
policy describes the balance that we attempt to strike when
thinking about this conflict of interests, and describes our policy
for accepting and working with removal requests.</p>

<p>If you would like a case removed from the results of the major
search engines, please send us a request using the <a
href="{% url "contact" %}">contact page</a>. Please include
the pages you would like removed. Upon receiving this request, we will
generally block search engines from indexing pages on our site by
using the robots HTML meta tag and the x-robots-tag HTTP header. We
will not remove any public document from our database without a
court order. If you want information deleted from our site, your
only recourse is to get it deleted from the public record by
contacting the courts that issued the opinion, or to otherwise
obtain a court order. In such a case, you should likely contact the
court directly.</p>

<p>After we have blocked the pages, they will eventually be removed
from all search engines, however, as is mentioned above, your case
is a public document, and there may be other copies of it on the
Internet &ndash; Although <em>we</em> will have blocked the search
engines from finding your case, there may be other websites that
have copies of it. In addition, we have no control over any search
engine, and they may not remove your case from their results for
many months, if at all.</p>

<p>If, after reading the above, you would still like to have a case
blocked, so it is not found by search engines, please send your
written request as described above. You may also attempt to contact
us via email, but we do not guarantee receipt of email
communications.</p>

<p>We might change this policy in the future and make no guarantees
that we will keep blocked records in place. Further, all removals
are at our sole discretion.</p>

<p>This policy is very similar to the policies of other major sources
of free online court opinions, and we hope that we have struck a
reasonable balance between both your interests and the public's
interest in your case.</p>

<hr>
<h2>Previous versions</h2>

<p class="bottom">Previous versions of these policies can be found in
the following locations:</p>
<ul>
<li><a href="{% url 'old_terms' '6' %}">Between January 2, 2013 and December 14, 2015</a></li>
<li><a href="{% url 'old_terms' '5' %}">Between May 7, 2012 and January 2,
2013</a></li>
<li><a href="{% url 'old_terms' '4' %}">Between January 20, 2012 and May 7,
2012</a></li>
<li><a href="{% url 'old_terms' '3' %}">Between March 16, 2011 and January 20,
2012</a></li>
<li><a href="{% url 'old_terms' '2' %}">Between February 17, 2011 and March 16,
2011</a></li>
<li><a href="{% url 'old_terms' '1' %}">Prior to February 17, 2011</a></li>
</ul>
</div>
{% endblock %}
65 changes: 65 additions & 0 deletions cl/simple_pages/templates/terms/latest.html
View file
Open in desktop
Original file line number Diff line number Diff line change
Expand Up @@ -178,12 +178,77 @@ <h2 id="removal">Removal policy</h2>
reasonable balance between both your interests and the public's
interest in your case.</p>

<hr>
<h2 id="copyright">Copyright policy</h2>

<p>CourtListener.com follows the notice and takedown procedures in the
Digital Millennium Copyright Act (DMCA), <a
href="https://www.law.cornell.edu/uscode/text/17/512">17 U.S.C.
Section 512</a>.</p>

<p>If you believe content on CourtListener.com violates your copyright,
please immediately notify its operators by sending a message with
the information described below through the <a
href="{% url "contact" %}">contact page</a>. Please use the
subject "Copyright" in your message. If CourtListener.com's
operators act in response to an infringement notice, they will make
a good-faith attempt to contact the person who contributed the
content using the most recent email address that person provided to
CourtListener.com.</p>

<p>Under the DMCA, you may be held liable for damages based on
material misrepresentations in your infringement notice. You must
also make a good-faith evaluation of whether the use of your
content is a fair use, because fair uses are not infringing. See
<a href="https://www.law.cornell.edu/uscode/text/17/107">17 U.S.C.
Section 107</a> and <a
href="https://www.courtlistener.com/opinion/2937139/stephanie-lenz-v-universal-music-corp/">
<em>Lenz v. Universal Music Corp.</em>, No. 13-16106 (9th Cir. Sep.
14, 2015)</a>. If you are not sure if the content you want to
report infringes your copyright, you should first contact a
lawyer.</p>

<p>The DMCA requires that all infringement notices must include
<strong>all</strong> of the following:</p>

<ol>
<li>A signature of the copyright owner or a person authorized to
act on the copyright owner's behalf</li>
<li>An identification of the copyright claimed to have been
infringed</li>
<li>A description of the nature and location of the material that
you claim to infringe your copyright, in sufficient detail to
allow CourtListener.com to find and positively identify that
material</li>
<li>Your name, address, telephone number, and email address</li>
<li>A statement that you believe in good faith that the use of the
material that you claim to infringe your copyright is not
authorized by law, or by the copyright owner or such owner's
agent</li>
<li>A statement, under penalty of perjury, that all of the
information contained in your infringement notice is
accurate</li>
<li>A statement, under penalty of perjury, that you are either the
copyright owner or a person authorized to act on their
behalf.</li>
</ol>

<p>CourtListener.com will respond to all DMCA-compliant infringement
notices, including, as required or appropriate, by removing the
offending material or disabling all links to it.</p>

<p>All received infringement notices may be posted in full to the
<a href="https://lumendatabase.org/">Lumen database</a> (previously
known as the Chilling Effects Clearinghouse).</p>

<p><em>Added: February 22, 2016</em></p>
<hr>
<h2>Previous versions</h2>

<p class="bottom">Previous versions of these policies can be found in
the following locations:</p>
<ul>
<li><a href="{% url 'old_terms' '7' %}">Between December 14, 2015 and February 22, 2016</a></li>
<li><a href="{% url 'old_terms' '6' %}">Between January 2, 2013 and December 14, 2015</a></li>
<li><a href="{% url 'old_terms' '5' %}">Between May 7, 2012 and January 2,
2013</a></li>
Expand Down