Open Artstor Terms and Conditions of Use
Open Artstor is an open-access, web-based platform that makes available images and other content free of charge. By accessing and/or using Open Artstor, you agree to these Open Artstor Terms and Conditions of Use:
- Open Artstor Software. Artstor hereby grants you a limited, personal, nonexclusive license to access and use the Open Artstor software in the manner set forth in these Terms and Conditions of Use.
- Digital Millennium Copyright Act and Communications Decency Act. Artstor does not screen, select, edit or review Open Artstor Content for legal purposes, does not warrant or represent that the use of Open Artstor Content will not violate or infringe upon any third party rights, and does not warrant or represent that Open Artstor Content is accurate or useful for any particular purpose. In providing Open Artstor, Artstor is acting as an online service provider within the definition of the Digital Millennium Copyright Act at 17 USC § 512 (the "DMCA"). Artstor is required under the DMCA to expeditiously remove from its servers or disable access to content posted to Shared Shelf if Artstor learns or becomes aware that such content infringes the copyright of a third party. It is Artstor's policy to disable and/or terminate a user or institution's access to Shared Shelf if that individual or institution repeatedly infringes another's copyright. Should you believe that any Open Artstor Content violates your copyright, please send a written notice to Artstor, directed to the Office of the General Counsel, at the address posted on the Artstor website at www.artstor.org. Such notices must comply with the DMCA. For more information about what should be included in such notices, please see the Copyright Concerns section of Artstor's website at http://www.artstor.org/our-organization/o-html/copyright.shtml. Artstor reserves the right to remove Open Artstor Content at any time from Open Artstor for legal or other reasons.
You further acknowledge and agree that Artstor shall not be treated as the publisher or speaker of any information or content provided by you, as set forth in the Communications Decency Act, 47 U.S.C. Sec. 230(c)(1), and Artstor shall not be liable for any content that is posted by you or other users, or for any failure or delay in removing any such content.
- Your Conduct and Use of Open Artstor. By accessing or using Open Artstor, you shall not, and shall not authorize others to: (a) violate or infringe upon any third party rights, or violate any applicable international, federal, state or local law or regulation; (b) use Open Artstor to harass, threaten, abuse, libel, or slander others, or otherwise commit tortious conduct; (c) upload, reproduce, transmit or distribute any software viruses or other computer code, files or programs designed to interrupt, destroy, degrade or limit the functionality of any computer software, hardware, data, system or telecommunications equipment; and/or (d) intentionally disrupt Open Artstor or servers or networks connected to Open Artstor.
- Links. Contributors to Open Artstor may make available links in the metadata records for Open Artstor Content that connect to third-party websites. Artstor makes no representations or warranties in relation to such links and shall not be liable for any loss, injury, claim, liability, or damages of any kind arising out of or in connection with such links.
- Proprietary Rights.
- a. Trademarks and Related Intellectual Property. Your use of Open Artstor implies no right of any kind in any trademarks, logos, names, designs, and/or other intellectual property held by Artstor including, but not limited to, those contained in Open Artstor. You may not use Artstor's intellectual property without the advance, written permission of Artstor (or as expressly set forth herein), and you agree that you shall not take any action that would impede, limit or alter Artstor's rights in such intellectual property.
- b. Open Artstor Software. Except to the extent that Artstor expressly shares components of Open Artstor Software on an open source basis, all Open Artstor Software and related documentation is proprietary to Artstor and/or third parties with whom Artstor has entered into licenses, and nothing herein is intended to transfer or otherwise provide you with any rights to such Open Artstor Software, or other rights of any kind except for the limited license set forth herein. You may not copy, distribute, modify, decompile, reverse engineer, circumvent, or create derivative works from, the Open Artstor Software and you agree that you shall not take any action that would impede, limit or alter Artstor's or any third party's ownership rights in the Open Artstor Software.
- Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN WRITING HEREIN, OPEN ARTSTOR IS BEING PROVIDED ON AN "AS IS" BASIS AND ARTSTOR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY, AND ANY AND ALL WARRANTIES, CONDITIONS, GUARANTEES AND/OR REPRESENTATIONS OF ANY KIND (WHETHER EXPRESS OR IMPLIED) IN CONNECTION WITH OPEN ARTSTOR, OPEN ARTSTOR CONTENT, AND THE OPEN ARTSTOR SOFTWARE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF FITNESS, MERCHANTIBILITY, QUALITY, PERFORMANCE, ACCURACY, COMPATIBILITY, INFRINGEMENT, AND/OR SECURITY. Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, in which case the above limitations and exclusions apply to the fullest extent permitted by law.
- Limitation of Liability. In no event shall Artstor be liable for any incidental, indirect, special, punitive or consequential damages, notwithstanding the failure or essential purpose of any limited remedy.
- Indemnification; Defense of Claims.
- a. Artstor shall not in any way be liable, and you agree to indemnify and hold harmless Artstor, its affiliates, directors, officers, agents, employees, collaborators, licensors and licensees, from and against any and all claims and demands (whether threatened, asserted or filed), including, but not limited to, associated costs and reasonable attorneys' fees, made by any third party due to or arising out of any content that you post or otherwise make available through Open Artstor ("Your Content") or the removal of such content; your use of Open Artstor or any other Artstor software; your violation of these Terms and Conditions of Use; or your violation of any applicable law or the rights of another. You further agree to indemnify and hold harmless Artstor, its affiliates, directors, officers, agents, and employees in the event that Artstor acts pursuant to its DMCA obligations, including without limitation terminating your access to Your Content or Open Artstor. This indemnification obligation shall survive the termination or expiration of these Terms and Conditions of Use and your use of Open Artstor.
- b. In the event that any claim or demand (whether threatened, asserted or filed) is asserted against you in connection with your use of Open Artstor or any other Artstor software, you agree to immediately notify Artstor and to reasonably cooperate in its defense as required by Artstor. Artstor reserves the right (but not the obligation), at its own expense, to assume the exclusive defense and control of any such matter.
- a. Choice of Law; Venue. This Agreement will be governed by and construed in accordance with the laws of the State of New York in the United States of America. All actions and disputes arising hereunder shall be subject to the exclusive jurisdiction of the state and federal courts of New York county, New York, without regard to choice of law or venue principles to the contrary, and both parties hereto shall consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods or any successor thereto does not apply to this Agreement.
- b. Illegality; Unenforceability; Conflict of Law. If any provision or provisions of these Open Artstor Terms and Conditions of Use shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.If any provision or provisions of these Open Artstor Terms and Conditions of Use shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
- c. Entire Agreement. These Open Artstor Terms and Conditions of Use set forth the entire Agreement between us with respect to your use of Open Artstor and the Open Artstor Content.
- Terms and Conditions Subject to Change. Artstor may change these Open Artstor Terms and Conditions of Use at any time, and such modified Open Artstor Terms and Conditions of Use shall be posted on the Open Artstor website. Your use of Open Artstor constitutes your agreement to the Open Artstor Terms and Conditions of Use and all changes thereto.
Last updated on May 2, 2014.