TERMS OF USE

These Terms of Use (the "Terms") govern the following: following: (1) the RECAP Extension for Firefox (the "RECAP Extension" or the "Extension"); (2) the RECAP Extension Server, with which the Extension interacts (the "RECAP Extension Server" or the "Extension Server"); (3) the RECAP Website, located at http://www.recapthelaw.org (the "RECAP Website" or "Website"); and (4) the RECAP Website Server (the "RECAP Website Server" or the "Website Server") (collectively, the "RECAP Materials").

YOUR USE OF THE RECAP MATERIALS CONSTITUTES YOUR AGREEMENT TO THE TERMS AND ANY SUBSEQUENT CHANGES TO THE TERMS. DO NOT USE THE EXTENSION OR THE SERVER IF YOU DO NOT AGREE WITH ALL OF THE TERMS.

We reserve the right to change these terms from time to time at our sole discretion. Please periodically check this section to review the current version of the Terms. Your continued use of the RECAP Materials following the posting of such changes will constitute your assent to all such changes.

General Description of RECAP

RECAP is a project of the Center for Information Technology Policy at Princeton University ("CITP").

The RECAP Extension is a free extension for Firefox that improves the experience of using PACER, the electronic public access system for the U.S. Federal District and Bankruptcy Courts. In the course of using the Extension, you upload public records downloaded from PACER to the Internet Archive ("IA").

The IA is a 501(c)(3) non-profit tasked with building an Internet library with permanent access for researchers, historians, and scholars to historical collections that exist in a digital format. The IA will serve as the ultimate repository of the public records uploaded by RECAP users. When the Extension is active, all such records are uploaded in an automated fashion. The Extension then notifies RECAP users when a public record searched for on PACER is publicly-available for free download through the Extension, from the IA repository. The IA is not directly affiliated with RECAP; users of the RECAP Materials should review IA's own Terms of Use, which are available at http://www.archive.org/about/terms.php.

Contributions to RECAP

You understand that by using the RECAP Extension you are requesting that public records downloaded by you from PACER to be automatically uploaded to IA via the RECAP Extension Server. Your personally-identifiable information will be stripped from the public record, subject to the terms in our Privacy Policy, by the RECAP Extension Server and then the record will be forwarded on to IA to be stored in perpetuity.

By posting any comments or replies on the RECAP Website, you are granting CITP a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use your content in connection with the operation of the Website, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work. You warrant, with respect to any comments or replies posted on the RECAP Website, that you have the right to do so, and that such submission will not infringe upon any Intellectual Property Rights of any other party. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law and any and all other proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide.

CITP is not responsible for any contributions from users (including but not limited to public records uploaded to IA and/or comments on the RECAP Website) which may be indecent or otherwise objectionable. You understand that users bear sole responsibility for their contributions.

Use of RECAP Materials

By agreeing to these Terms and using the RECAP Materials, you affirm that you are at least 18 years of age and are legally capable of entering into the conditions, obligations, affirmations, representations and warranties set forth in these Terms, and that you will comply with all of these Terms.

You agree not to use the RECAP Materials in a way that may damage nor interfere with with the proper working of the RECAP Materials. You agree not to intentionally upload false information to the RECAP Website or Webserver. You agree not to infringe the rights of nor restrict anyone else's use or enjoyment of the RECAP Materials.

Intellectual Property

CITP or its licensors own all right, title and interest in and to the RECAP Materials, including without limitation, all intellectual property rights.

Content on the RECAP Website is available for use, including copying and distribution there of, subject to the terms of a Creative Commons Attribution 3.0 license (http://creativecommons.org/licenses/by/3.0/us/).

The source code for the RECAP Extension is included when you download the Extension, and may be modified and redistributed subject to the terms of a GNU General Public License 3.0 (http://www.gnu.org/licenses/gpl-3.0.txt ).

You agree not to misappropriate the RECAP name for any use that is inconsistent with the Intellectual Property Rights of CITP or its licensors, including, without limitation, using the RECAP name to endorse views not adopted by RECAP. You also agree to not remove, obscure, or alter CITP's or its licensors' copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the RECAP Materials.

Access to the RECAP Extension Server

You may access the RECAP Extension Server only by using an unmodified version of the RECAP Extension, as originally distributed. Any other access to the RECAP Extension Server, whether via a modified RECAP Extension or other means, is strictly prohibited.

Termination

CITP reserves the right to terminate or restrict your access to the RECAP Materials, in its sole discretion, and without any liability to you.

Privacy

You agree to be bound by our Privacy Policy (http://recapthelaw.org/privacy), which is incorporated herein by reference.

Disclaimer of Warranties and Limitation of Liabilities

CITP does not provide any warranty whatsoever relating to the functionality of the RECAP Materials and/or any risks of harm or damage (including but not limited to legal liability) arising out of your use thereof. If the RECAP Materials do not work, do not work as well as you would like, and so on, you may not bring a claim against CITP. In addition, while the CITP does not intend that any damage will occur as a result of your use of the RECAP Materials, you agree to assume the risks of using or misusing the RECAP Materials. You agree that you do not have any legal claims against the CITP, regardless of what does or does not happen, and regardless of any damage to anyone or anything, as a result of your use or misuse of the RECAP Materials. The CITP disclaims any responsibility for any harm or damage (including but not limited to legal liability) resulting from your use of the RECAP Materials. In legal terms:

THE RECAP MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CITP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE RECAP MATERIALS' OPERATION OR THE INFORMATION INCLUDED IN THE RECAP MATERIALS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CITP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

THE CITP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE RECAP MATERIALS. YOU EXPRESSLY AGREE THAT YOU USE THE RECAP MATERIALS SOLELY AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL THE CITP OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE RECAP MATERIALS (INCLUDING BUT NOT LIMITED TO ITS OPERATION OR THE INFORMATION OR CONTENT CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER WEBSITE LINKED TO THE RECAP MATERIALS, OR ANY CONTENT CONTAINED IN ANY SUCH WEBSITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THESE RECAP MATERIALS) EVEN IF THE CITP, ITS SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF THE CITP, ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnities

You are solely legally liable if your use or misuse of RECAP Materials leads to legal action brought against you. You acknowledge and agree to indemnify and hold the CITP and its affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of your use of the RECAP Materials or your violation of these Terms.

General

These terms shall be governed by and interpreted in accordance with the laws of New Jersey which shall have exclusive jurisdiction and venue over any disputes of any kind arising from or relating to the RECAP Materials, or your use or review of the RECAP Materials.

Contact Information

If you feel that a record was uploaded to the RECAP Extension Server or to IA in error, or that a public record held within the IA repository contains private information that should have been removed, please contact us at info@recapthelaw.com.

Last Updated August 13, 2009.

Note: You may also wish to review our Copyright Infringement Information