BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Overview. Scholastica, Inc., owns and operates a website located at https://institutions.scholasticahq.com (Site) that provides the following services to you subject to these Terms of Service and Use ("Terms") that may be updated at any time without prior notification to you. The expressions “Scholastica, Inc.” or “us” or “we” or “our” refer to Scholastica, Inc., the owner of the Site, and its subsidiaries, affiliates, partners, agents, officers, directors, and employees. As used herein, the terms "you" and "your" refer solely to the institution or organization whose personnel may from time to time use the Site, and do not refer to any individual member of such institution or organization using or viewing the Site. As used herein, the term "User" refers you any individual authorized by you to use you account. These Terms apply to the Site at the above location.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU AGREE THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND ARE BOUND BY THESE TERMS AND CONDITIONS, AS DESCRIBED BELOW. Your use of the Service implies your consent to the Terms. It is your responsibility to check if there have been changes to the Terms of Service for Institutional Accounts. We suggest that you bookmark this URL. Failure to comply with these Terms will result in restricted access, termination of your right to use the Site, Account suspension, or Account deletion at any time, without prior notice to you. YOU ACKNOWLEDGE AND AGREE THAT IF WE DISABLE ACCESS TO YOUR ACOUNT BECAUSE OF A VIOLATION OF THESE TERMS, YOU MAY BE PREVENTED FROM ACCESSING THE SERVICES, YOUR ACCOUNT DETAILS, AND/OR ANY FILES OR CONTENT CONTAINED IN YOUR ACCOUNT. YOU AGREE TO USE THE SITE AT YOUR OWN RISK.
These Service Terms incorporate the Scholastica Data Processing Addendum (“DPA”) as Section XI when the General Data Protection Regulation (GDPR) applies to your use of Scholastica to process customer data (as defined in the DPA). You can view the Data Processing Addendum here.
This Site allows institutions to pay for manuscript submissions to journals hosted on Scholastica.
Institutions can enter email addresses and email domains (e.g. "lawschool.edu" or "lawschool.law.edu") for authors whose manuscript submissions to journals on Scholastica that the institution wishes to pay for.
Any User on Scholastica with an email matching the email address or ending in an email domain associated with your account will result your account being billed for that User's submissions.
A "submission" is defined as a single manuscript submitted to a single journal, so that a single manuscript submitted to 10 journals is equivalent to 10 submissions.
The price of submissions will be updated on our on our pricing page. You have the option to purchase a credit package ("Credit Package") which offers you the ability to purchase submission fees in bulk at a discounted rate. A Credit Package does not have an expiration date. No credits or refunds are given for unused Credit Package submission fees.
We process credit and debit card payments through a security-certified credit card processor that complies with the Payment Card Industry Data Security Standard (PCI DSS). Questions about billing should be addressed to firstname.lastname@example.org.
Your Account Responsibilities. If you open an account or otherwise use the Site in any way, then you are responsible for:
By creating this account, you agree that:
Institutional account holders have two payment options:
We may be required to send you emails regarding your use of the Service. We will never ask you to submit your password information in the form of an email. Should you receive any such communications, please do not respond, and forward it to email@example.com at once.
Impermissible Conduct. You shall not, in the use of the Site, violate any laws in your jurisdiction, including but not limited to, copyright laws. In addition, you understand that all Content posted by your Users, including, without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are your sole responsibility. We do not control Content posted via the Site and, as such, do not guarantee the validity of the Content. You also understand that by using the Site, your Users may be exposed to Content that is offensive, indecent, or objectionable. Should Content posted by your Users be found or reported to be in violation of these Terms, we may, in our sole discretion, flag, restrict access, delete, terminate your Account, or take any other actions that we deem necessary.
You agree NOT to use or permit your Users to use the Site to:
Engaging in any activities listed above may result in account deletion with or without warning. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You agree to indemnify and hold Scholastica, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorney’s fees), made against Scholastica by any third party arising out of, or in connection with your use of the Site in violation of these terms and conditions or applicable law.
Scholastica agrees to indemnify and hold you and your officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorney’s fees), made against you by any third party claiming that the Site infringes upon such third party’s intellectual property rights.
Except for Sections IV, and VII -IX, Scholastica may, in our sole discretion and at any time, change, modify, add, or remove portions of these Terms. It is solely your responsibility to review these Terms for changes. Your continued use of the Site after any changes are posted shall mean that you accept and agree to the changes.
For Sections IV, and VII -IX, Scholastica may, in our sole discretion and at any time, change, modify, add, or remove portions of these Terms by providing no less than 90 days written notice of such changes to you which notice shall include all new or revised Terms. It is solely your responsibility to review these Terms for changes. Your continued use of the Site after such 90 days notice shall mean that you accept and agree to the changes
Scholastica may, in our sole discretion, temporarily or permanently, modify or discontinue, the Site and Service, in whole or in part, with or without notice to you. Upon modification or discontinuation, Scholastica will not reimburse subscription amounts or account fees that have been paid up to the date of modification or discontinuation.
Prices of all Sites, including but not limited to Service Period subscription fees and access to free accounts, are subject to change upon 90 days notice from Scholastica. Such notice may be provided at any time by posting the changes to the Site.
Scholastica shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Site.
By using the Site, you acknowledge and agree that we may, block, restrict, or terminate access; suspend or delete any Account; and flag or remove any Content found within the Service, for any reason, at any time, without prior notice. You acknowledge that we have no obligation to pre-screen or monitor your access to or use of the Site or any information, materials or other content provided or made available through Site, but have the right to do so. You agree that we may, in the exercise of our sole discretion, remove or delete any entries, information, materials or other content that violate these Terms or that is otherwise objectionable.
Cancellation. The Account page provides a simple, no-questions-asked, cancellation link. You are solely responsible for properly canceling your account. You may cancel your account at any time by clicking on the Account link located in the navigation bar at the top of the screen. An email or phone request to cancel your account will not result in cancellation. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We cannot and will not recover this information for you once you cancel your Account. Cancellations will take effect immediately. If you have subscribed for a Paid Account, then upon the commencement of a new Service period, the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.
Termination. We reserve the right to suspend or terminate your Account if you breach any of these Terms. In such case we may refuse to provide you any current or future use of the Site, or any other Scholastica Services. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We cannot and will not recover this information for you once your account is terminated; however we may for a time retain residual information in our backup and/or archival copies of our database. Any legal obligations derived from any contracts, express or implied, shall terminate when we delete or purge your Account. In addition, you agree that we may restrict or eliminate access to the Service at any time without prior notice. We shall not be held liable to you or any third-party for any temporary or permanent termination of access to any or all parts of the Service. We shall not be responsible for refunding any fees for Paid Account subscriptions and other features and services when an Account is terminated under these Terms.
Purging Inactive Accounts: We retain residual information in our backup and/or archival copies of our database. If you want us to delete your information then you must make a request by contacting us at firstname.lastname@example.org and we will make reasonable commercial efforts to delete your information as soon as possible after receiving that request. Without limiting the generality of the foregoing, by using the Service, you acknowledge and agree that we reserve the right to terminate and purge “Inactive Accounts” as part of our general housekeeping procedures in order to improve site efficiency and performance. This results in permanent removal of all related Content, including, but not limited to, original writing, artwork, design, photos, and links. We cannot be held accountable, in whole or in part, for any alleged damages or loss of profits flowing from the removal of that Content.
Inactive Accounts are defined as Accounts which
Legal investigations: Scholastica shall not be held responsible for retaining any Content or information that has been deleted or purged during the ordinary course of business. Notwithstanding the above, we reserve the right to investigate and prosecute violations of any of these Terms to the fullest extent of the law and we may choose to retain content from Inactive Accounts under certain circumstances, including where we determine that the physical safety of any user may be at risk or where the information has been made the subject of a valid subpoena or lawful police investigation, as recognized under U.S. law. This shall not be interpreted as placing us under any obligation, express or implied, to take active measures to retain User information or Content until such time as it receives proper legal notice, as recognized under U.S. law.
All Scholastica code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
License Grants & Restrictions. Without limiting any proprietary rights that we may have in the Service, Site, or any necessary software under any applicable laws governing intellectual property, proprietary rights, and the like, we grant you a non-exclusive, non-transferable, limited privilege to access and use the Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms. You shall not permit the Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms shall be construed to grant you any right to transfer or assign rights to access or use the Site. All rights not expressly granted to you are reserved by us and our licensors. Except as expressly authorized by Scholastica or advertisers, you agree not to: (1) modify, rent, lease, sell, distribute, or make derivative works based upon the Site; or (2) reverse engineer or access the Site in order to (a) build a competitive product or service; (b) build a product using similar features, functions, or graphics of the Site; or (c) copy any features functions or graphics of the Site, in whole or in part. You further acknowledge and agree that, as between the parties, we own all right, title, and interest in and to the Site, including all intellectual property rights therein.
Proprietary Rights of Your Content. We claim no intellectual property rights over the material you provide to the Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content. We do not pre-screen Content, but we have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Site. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us at email@example.com and provide us with the following: (1) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website; (2) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (3) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (4) Your address, telephone number, and email address; and (5) Your physical or electronic signature.
Scholastica will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the below exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.
WE DO NOT WARRANT THAT (1) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SITE WILL BE CORRECTED.
WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, CONTENT, OR ADVICE OBTAINED THROUGH THE SERVICES BUT NOT INCLUDED IN THESE TERMS.
WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the below exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
EXCEPT FOR OUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THIRD PARTY CLAIMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR LIABILITY TO YOU IS LIMITED TO THE SUM OF FIVE HUNDRED DOLLARS ($500.00). EXCEPT FOR OUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THIRD PARTY CLAIMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OF, MISUSE OF, RELIANCE ON, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR SERVICE, OR THE INABILITY TO USE THE SITE OR SERVICE, OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, IS LINKED, OR IS RELATED IN ANY WAY TO THE SERVICES; (ii) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR THE SITE (INCLUDING DAMAGES INCURRED BY THIRD PARTIES); (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
The Service, or relevant third parties, may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse, nor are we responsible or liable for any content, advertising, products, or other materials that appear on such sites. You further acknowledge and agree that we shall not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of, or reliance upon, any such content, goods, or services found on such other websites and resources.
Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between the parties and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms). Any waiver of any provision of the Terms will be effective only if in writing and signed by an authorized representative of Scholastica. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Service Terms incorporate the Scholastica Data Processing Addendum (“DPA”) when the General Data Protection Regulation (GDPR) applies to your use of Scholastica to process customer data (as defined in the DPA). You can view the Data Processing Addendum here.
Questions about the Terms should be addressed to firstname.lastname@example.org.Last updated on May 24, 2018