Terms of Use

YOUR ACCESS AND USE OF THIS WEBSITE IMPLIES YOUR ACCEPTANCE AND AGREEMENT TO OUR TERMS OF USE. IN CASE YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE.


(1) General Description. Welcome to JurisOpen. JurisOpen grants you a non-exclusive, non-transferable, revocable, limited license to access and use this Website and its content subject to these Terms of Use (the “Terms”). JurisOpen may terminate this license at any time for any reason. Please note that failure of JurisOpen to exercise or enforce any provision contained in these Terms shall not be deemed a waiver of such right or provision in that or any other instance. JurisOpen reserves the right to change the Terms, at any time, at its own sole discretion. You are responsible for regularly reviewing these Terms. Your continued use of this Website constitutes your assent to all such Terms.

(2) Personal, Non-Commercial Use. All content on JurisOpen is provided solely for personal, non-commercial use. The user may not take any content from this Website and reformat, repost, or redisplay it for commercial purposes. Except to the extent permitted, any other unauthorized use of this Website’s content is strictly prohibited.

(3) Contributors. Contributors must register with JurisOpen before sending any contribution either for publishing (if the work is unpublished) or sharing (if the work is previously published). To become a registered contributor, you must fill in the JurisOpen Contributor Registration Form. You warrant and represent that the details of your identity and affiliation (the “Personal User Information”) as provided by you during such registration is current, accurate and complete.

(4) Contributed Works. JurisOpen invites contributions under titles relevant to the subject scope of law and legal studies in any standard publication format including, but not limited to, research articles, essays, case notes and legislative comments. Contributed Works may not have content that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Acceptance of any contributed work for publishing or sharing by JurisOpen shall be subject to the JurisOpen Publishing and Sharing Standards (the “JPSS”). In any event, JurisOpen shall not be obligated to furnish any reason or explanation to the contributor or any other person, for its decision to accept or not accept any contributed work for publishing or sharing at any stage of the JurisOpen Review Process. The review process shall comprise of a preliminary review by the Editors on the basis of which the contributed work may be qualified for a final review by the Research Advisory Group. JurisOpen shall also not accept or entertain any request for re-assessment of any contributed work that is rejected at any stage of the review process.

(5) License to JurisOpen. Contributors grant JurisOpen a worldwide, perpetual, non-exclusive, irrevocable license to publish or share (as the case may be) their contributed work on its electronic publishing platform and archive it in its digital database in such format that it can be accessed freely by any user of the the JurisOpen Website. JurisOpen may adapt any contributed work and distribute it in any form, medium, or technology now known or developed hereafter, throughout the world. JurisOpen may alter or modify works contributed for publishing (and not for sharing) for ensuring their compliance with the JPSS. Contributors allow JurisOpen to derive non-exclusive commercial benefit from their contributed work.

(6) Copyright. The copyright over any contributed work published or shared on JurisOpen shall rest only with the author(s) and/or the contributor(s) of such work. The contributor(s), however, waives and/or agrees not to assert his or her copyright over the contributed work to the limited extent necessary to allow JurisOpen to exercise the ‘Licensed Rights’ granted to it by the contributor via the Contributor License Agreement. The detailed terms & conditions of the Agreement as would apply shall be conveyed to the contributors post acceptance of their work by JurisOpen. JurisOpen reserves the right to remove, temporarily or permanently, any published or shared work from its Website on grounds of infringement of copyright or other intellectual property rights. Please note that concerns relating to plagiarism or other publishing ethics issues should be sent to standards@jurisopen.org.

(7) Contributors’ Warranties and Representations. Contributors represent and warrant that (1) they are the sole or joint proprietors of the contributed work; (2) the contributed work is either unpublished or previously published only in the publication(s) as conveyed by them in the Annexure to the Contributor License Agreement as applicable to works contributed for sharing on JurisOpen; (3) the contributed work does not infringe the legal rights of any person(s) including any existing copyright or other intellectual property rights to the best of their knowledge; (4) if publishing or sharing of the contributed work on JurisOpen requires permission from the holder of a legal right, they have obtained such requisite permission; (5) the contributed work does not contain any threatening, harassing, libellous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. Contributors further represent and warrant that (1) they shall not send any contribution to JurisOpen anonymously or under a false or fictitious name; (2) the content in their contributed work does not violate the Terms. Contributors agree to comply with the relevant laws and regulations that apply to their use of JurisOpen services.

(8) Indemnification. Contributors acknowledge and agree that in the event of infringement by them of any intellectual property or other right of any person or entity, they shall hold JurisOpen harmless and indemnify JurisOpen for any loss sustained by it by reason of such infringement.

(9) Warranty of Authenticity. As much as JurisOpen is committed to enabling the publishing and sharing of content that is original, accurate and complete, you understand that we cannot and we do not warrant or guarantee complete authenticity and veracity of the content either in the published or shared works on JurisOpen.

(10) Not Legal Advice. Content in any published work or shared work on JurisOpen is not intended to and does not constitute legal advice. Use of this Website does not create an attorney-client relationship and content in any contributed work shall not be treated as confidential. You expressly agree to access and use the information on this Website at your own risk.

(11) JurisOpen Ownership and Rights. All materials on JurisOpen are the copyright of JurisOpen or are reproduced with permission from other copyright owners. All rights are reserved. The materials on this Website may be accessed and used only for personal, non-commercial use. No materials may otherwise be copied, modified, published, broadcast or otherwise distributed. JurisOpen, JurisOpen.org and/or any other names of products or services provided by JurisOpen or referred to on this Website are trademarks of JurisOpen.

GENERAL TERMS

Termination of Service. JURISOPEN 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.

Disclaimer. CONTENT ON THIS WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE BASIS”. JURISOPEN EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JURISOPEN, THE WEBSITE’S CONTENT, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, NON-INFRINGEMENT, COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JURISOPEN MAKES NO WARRANTIES AGAINST ANY HARM THAT MAY BE CAUSED BY (1) THE UNAVAILABILITY OF THIS WEBSITE OR ANY PORTION THEREOF, (2) YOUR USE OF THE WEBSITE, (3) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, (4) THE TRANSMISSION OF A COMPUTER VIRUS OR ANOTHER SUCH COMPUTER PROGRAM.

Limitation of Liabilities. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JURISOPEN WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS AND USE OF OR INABILITY TO ACCESS AND USE JURISOPEN SERVICES; (II) ANY CONTENT OBTAINED FROM THE SERVICE; (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF TRANSMISSION OR CONTENT.

Breach of Terms. JURISOPEN RESERVES ALL RIGHT TO INVESTIGATE COMPLAINTS OR REPORTED VIOLATIONS OF THESE TERMS AND TO TAKE ANY ACTION(S) DEEMED APPROPRIATE INCLUDING BUT NOT LIMITED TO DISCLOSING ANY INFORMATION NECESSARY OR APPROPRIATE TO SUCH PERSONS OR ENTITIES RELATING TO PERSONAL USER INFORMATION. TO RAISE COMPLAINTS REGARDING ALLEGED COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT IN ANY PUBLISHED OR SHARED WORK ON JURISOPEN, MAIL US AT STANDARDS@JURISOPEN.ORG. FOR ALL OTHER COMPLAINTS, PLEASE CONTACT US AT SUPPORT@JURISOPEN.ORG.

Governing Law. THESE TERMS CONSTITUTE THE FULL AND COMPLETE UNDERSTANDING OF THE PARTIES REGARDING THE SUBJECT MATTER HEREOF AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE REPUBLIC OF INDIA. IF ANY DISPUTE ARISES OUT OF OR IN RELATION TO THESE TERMS, THE SUCH DISPUTE SHALL BE RESOLVED BEFORE APPROPRIATE COURTS IN LUCKNOW, INDIA.

Severability of Provisions. IF ANY PROVISION OF THESE TERMS IS UNLAWFUL, VOID OR UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THE REMAINING PROVISIONS AND SHALL NOT AFFECT THEIR VALIDITY OR ENFORCEABILITY.

Last updated: 10.01.2017