Welcome to the website of the Online Media Legal Network (the “OMLN”). The OMLN is legal referral network that seeks to connect member attorneys, firms, and law school clinics with online journalism ventures and other digital media creators in need of legal assistance (the “Services”). In order to operate the Site and provide the Services, we must set out certain ground rules and legal Terms by which you must abide. By accessing, using, or contributing to the Services, and in consideration for the Services we provide to you, you agree to be bound by the following Terms.
The OMLN may change these Terms at any time. Please periodically visit this section of the Site to ensure that you are up to date on the most current version of these Terms. Your continued access of the Site constitutes your agreement to any revised Terms.
The OMLN is a legal referral network and does not provide or replace individualized legal advice. Use of the Services does not create an attorney-client relationship or any of the privileges related thereto between the user and OMLN, the Digital Media Law Project, or staff of the Berkman Center for Internet and Society.
DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITY
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Account Registration and Eligibility
To utilize the Services, or certain portions thereof, participating attorneys, law firms, and law school clinics may be required to establish an account with the OMLN (the “Account”) by completing a registration process (becoming a “Registered User”). Use of the Services and Account registration is void where prohibited. By registering for an Account, you represent and warrant that (a) all information provided by you to the OMLN is current, accurate, and complete; (b) you will maintain the accuracy and completeness of this information on a prompt, timely basis; and (c) your use of the Services does not violate any applicable law or regulation.
Password and Security
In order to become a Registered User of the OMLN Services, you may be required to set up one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are fully responsible for all actions and postings made from your Account(s). Any Accounts you create are non-transferable. You agree to notify the OMLN immediately if you become aware of any unauthorized use of your Account(s).
Acts Against the Site/Services
You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, the following:
(a) Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to use your Account(s) or impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Site or Services; (g) violating or attempting to violate any security features of the Site; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services; (j) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Site; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of the OMLN; (l) tampering with the operation, functionality, or the security of the Site or Services; (m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site; and (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
The OMLN reserves the right to terminate your Account(s), restrict access to your Account(s), or to delete any content posted through your Account(s), with or without notice, for any or for no reason, and without any liability to you.
Content on the Site
These Terms apply to two (2) different categories of content available on the Site. The first category consists of content that is freely accessible to the public and does not require that the user register or obtain a username and password (hereinafter “Public-Facing Content.”) The second category of content is only accessible to Registered Users and requires a username and password (“Secured Content”).
Public-Facing Content is freely available to the public and includes information about the OMLN and participating lawyers.
The portion of the Site containing Secured Content is only accessible to OMLN staff and registered attorneys, firms, and law school clinics. Registered Users accessing Secured Content will have access to a database of currently unassigned matters for prospective clients. Prospective clients will not be identified by name, but instead solely by matter number. A Registered User will gain access to detailed client information only after an OMLN staff member has approved the user’s access to that information for the purpose of conducting a conflicts review. Registered Users agree to use Secured Content only to the extent necessary to facilitate a match with a prospective client and shall endeavor to maintain the confidentiality of the information and the identity of the prospective client. Registered Users may not use Secured Content for any other purpose. Registered Users recognize that their name, biographical information, and/or contact information may be shared with prospective clients.
Links to Third Party Sites
The Site may contain links to third party web sites ("Third Party Sites"). You understand that because the OMLN has no control over Third Party Sites, we do not endorse, have not reviewed, and are not responsible for the content or availability of Third Party Sites. You acknowledge that use of Third Party Sites is at your own risk and that the OMLN is not responsible or liable, directly or indirectly, for any damage or loss you incur in connection with products or services available or the content accessed on Third Party Sites, nor for the accuracy, copyright compliance, legality, decency, or other aspect of Third Party Sites.
Unless otherwise stated, the OMLN or its licensors own all right, title and interest in and to any and all OMLN content posted on or used in conjunction with the Site, including without limitation, all intellectual property rights.
Termination of Service
The OMLN disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Services or any software provided through the Services. The OMLN reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
No Waiver of Terms
Failure of the OMLN to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
Governing Law and Entire Agreement
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the Commonwealth of Massachusetts in the event of a dispute of any kind arising from or relating to the Site or the Services, or your use or review of them. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.