The American Agora Foundation, Inc., publisher of Lapham’s Quarterly, and its respective successors and assigns (the “American Agora Foundation,” “we,” “us” or “our”) welcome you to the Lapham’s Quarterly website (the “Site”). Lapham's Quarterly embodies the belief that history is the root of all education, scientific and literary as well as political and economic. Each issue addresses a topic of current interest and concern—War, Religion, Money, Medicine, Nature, Crime—by bringing up to the microphone of the present the advice and counsel of the past. Valuable observations of the human character and predicament don't become obsolete.
We reserve the right to take any legal or technical remedies to prevent the violation of the Terms and to protect the Services, Users, and the rights and property of the American Agora Foundation and our affiliates.
1. Site Content Restrictions
We respect intellectual property rights and take steps to ensure that we have the appropriate rights to use the material that we publish on the Site. Except for third party content used with permission or that is in the public domain, the data and materials on the Site, including without limitation text, software, graphics, logos, trade names, trademarks, designs, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, “Site Content”) are the intellectual property of the American Agora Foundation. Site Content is protected by copyright, trademark and other intellectual property laws regardless of whether intellectual property notices appear on such Site Content and regardless of whether such intellectual property notices have been filed with government agencies, and all ownership rights remain with us. We reserve all rights not expressly granted in and to Site Content. Except as provided in these Terms, Site Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of the American Agora Foundation. If you violate these Terms, your permission to use the Services automatically terminates.
If you wish to request permission to use any Site Content in a manner otherwise prohibited under these Terms, please contact email@example.com.
Through the Site, you may register for certain of the Services such as signing up for our newsletter and purchasing a subscription. If you do so, you will be asked to enter personally identifying information such as your name and email address. Once you have completed registration, you will have created a User account, which is accessible with your username and password. We reserve the right to cancel any User account without notice if we become aware of any breach of these Terms.
3. Services Requiring Payment
Certain Services may require payment. When you use a service that has a fee, you have the opportunity to review and accept the fee that you will be charged. Charges are expressed in US Dollars. Should you wish to terminate the Services that require payment, you will not be entitled to a refund. Rates for Services may change over time and are effective the date they are posted to the Site or provided to you. Failure to accept the fee will prohibit a User’s access to certain Services.
4. Use of the Services
You may not use the Services and may not accept these Terms if (a) you are not of legal age to form a binding contract with the American Agora Foundation or (b) you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are a resident or from which you use the Services. You may use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
By using the Services, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to:
(a) Use the Services for any unlawful purpose, including but not limited to conspiring to violate law;
(b) Upload, post, transmit or otherwise make available any content, or engage in communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(c) Create a false or misleading identity, including, but not limited to, impersonating an American Agrora Foundation employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
(d) Transmit, email or post any content that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) Use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services, including but not limited to interfere with or disrupt networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(f) Attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Services, through password mining or any other means;
(g) Attempt to modify, adapt, translate, hack, decompile or reverse engineer any portion of the Services;
(h) Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or create a User account on behalf of another individual without that individual’s authorization;
(i) Use any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of the Site, except as expressly authorized by, provided that, unless otherwise determined by, the foregoing restrictions generally will not apply to automated processes used solely for indexing and hyperlink purposes by general purpose search engines or for indexing and archiving purposes by non-commercial public archives;
(j) Copy any part of the Services without the express permission of the American Agora Foundation, remove any copyright, trademark or other proprietary notices from the Site or any copy thereof without the express permission of American Agora Foundation, or cause, permit or authorize the modification, creation of derivative works, or translation of the Site without the express permission of American Agora Foundation;
(k) Reformat or frame any portion of the web pages that are part of the Services;
(l) Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
(m) Disseminate, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
(n) Interfere with another User’s use and enjoyment of the Services;
(o) Harvest or collect email addresses or other contact information of Users, including usernames, from the Services by electronic or other means;
(p) Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your User account or password, including, without limitation, on or through the use of any third party web site or service;
(q) Take any steps to interfere with or in any manner compromise or circumvent any of our privacy or security measures;
(s) or Use the Services for any unauthorized purpose or in any manner not expressly permitted by the Terms.
5. Links to Third Party Websites and Third Party Transactions
The Site contains links to websites other than our own. Sites hosted by such third parties may be accessed through the Services. In some cases, these sites may maintain the look and feel of the Site. We have no control over any third party sites or their content and do not assume responsibility or liability for any content, opinions, materials, or services available on them. The American Agora Foundation reserves the right to disable links from or to third party sites, although we are under no obligation to do so. We do not control or endorse the content of any third party site, nor do we warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you leave the Services and access a third party site or use or install any third party applications, software or content, you do so at your own risk and you should be aware that our Terms no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from the Services, or relating to any applications from a third party site that you access through the Services. If you choose to enter into a transaction with a third party service provider, you should be aware that such transactions do not take place on the Site and that we are not responsible for the processing or security of such transactions.
6. User Submitted Content
You are solely responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links and other content, in any form (“User Submitted Content”) that you submit, upload, publish, post or display on or through the Services or that you provide to us to submit, upload, publish, post or display on or through the Services on your behalf. You may not post, transmit or share User Submitted Content on the Services that you did not create or that you do not have permission to post. While we have the right to monitor activity and content associated with the Services, and may choose to prescreen User Submitted Content, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that we may use certain automated filters and other tools to block spam and to categorize and arrange User Submitted Content on the Services. We may, but will have no obligation to, remove or limit access to User Submitted Content originating from any User we believe in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does the American Agora Foundation have any obligation to verify the accuracy, timeliness or truthfulness of any User Submitted Content, nor to monitor any User on the Site.
7. Modification or Termination
We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (in whole or in part) with or without notice to you at our sole discretion. You agree that the American Agora Foundation will not be liable to you or any third party for possible consequences of any modification, suspension or discontinuance of the Services.
By accepting these Terms, you agree to indemnify and otherwise hold harmless the American Agora Foundation, its directors, officers, employees, agents, independent contractors, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (a) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (b) your use of and access to the Site; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. We reserve the right to assume, at our sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by the American Agora Foundation.
Any new feature, tool or information added to or that enhances the Services will automatically become part of the Services and will be subject to these Terms. In using the Services, you acknowledge and agree that the Services may also include third party advertisements and marketing tools. While we make a reasonable effort to provide accurate and useful information to our Users, we make no warranties, representations or guaranties as to the accuracy, completeness or quality of any information on the Site or available through the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY. THE AMERICAN AGORA FOUNDATION AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED THE AMERICAN AGORA FOUNDATION, USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE SITE AND THE SERVICES, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE SERVICES.
THE RELEASED PARTIES MAKE NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (e) THE SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (f) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AMERICAN AGORA FOUNDATION OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
10. Limitations on Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE SITE; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; AND (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE SERVICES AND THE SITE.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL THE AMERICAN AGORA FOUNDATION’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. Children Under the Age of 13
The Services are not directed at children. Children under the age of 13 should not attempt to use or access Services.
12. Applicable Laws
The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of the American Agora Foundation to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third party beneficiaries to this agreement.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of the Site.
We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You further understand and agree that your User account is non-transferable by you and any rights to your password or other contents of your User account terminate upon your death.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Contact Us
Please send any questions, concerns or comments, or report violations of the Terms to us at firstname.lastname@example.org.