Shared Shelf Individual User Terms and Conditions of Use
By accessing and/or using Shared Shelf individually, without a subscription by any affiliated institution, you accept and agree to abide by the following Terms and Conditions of Use (the "Terms and Conditions of Use" or the "Agreement"):
- Shared Shelf Licenses. Shared Shelf consists of a web-based content management, use and cataloging software platform, with related software tools and services ("Shared Shelf" and/or "Shared Shelf Software"). Artstor hereby grants you a limited, nonexclusive license to access and use Shared Shelf in the manner set forth in these Terms and Conditions of Use (the "License"), unless terminated by Artstor pursuant to Section 12 below. You may not sublicense, assign, or transfer this License, and any attempt at such sublicense, assignment, or transfer is automatically void.
To the extent you upload content to Shared Shelf ("Your Content"), you hereby grant Artstor a free-of-charge, nonexclusive license for the period of time in which Your Content is posted to, or made available through, Shared Shelf to reproduce, distribute, modify and adapt, display and make performances of Your Content, for the purpose of facilitating your access to, use of, and (to the extent you share Your Content) your sharing of Your Content through Shared Shelf and in communications about Shared Shelf in promotion of Artstor's nonprofit mission. Nothing herein is intended to give Artstor any ownership rights in Your Content.
- Your Conduct and Use of Shared Shelf. By accessing or using Shared Shelf, you represent and warrant that you will not, and will not authorize others to: (a) post, reproduce, modify or adapt, distribute, display or make performances of any content or other materials on Shared Shelf, or otherwise use Shared Shelf, in a manner that violates or infringes any third-party right(s) (including without limitation any intellectual property or contractual rights), or that violates any applicable international, federal, state or local law or regulation (including without limitation any laws relating to minors); (b) modify, obscure, or remove Artstor or third-party copyright, trademark or other intellectual property notices; (c) take any actions that interrupt, destroy, degrade, disrupt or limit the functionality of any of Artstor's computer software, hardware, data, system or telecommunications equipment including, but not limited to, by uploading, reproducing, transmitting or distributing any software viruses or other computer code, files or programs through Shared Shelf ; (d) intentionally disrupt the functionality of any servers or networks connected to Shared Shelf; (e) circumvent, disable or override any encryption features or other protections in Shared Shelf; and/or (f) reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose Shared Shelf or any portion of Shared Shelf. Artstor may at any time remove from the Artstor servers any of Your Content or Shared Content (defined below), or other content or materials, that violate the terms of this section, and take all other reasonable steps to enforce the terms of this section, including terminating your access to Shared Shelf. Notwithstanding the foregoing, nothing herein is intended to limit the application or scope of the United States Fair Use Doctrine or other copyright exceptions or limitations under United States or other countries' laws.
- Shared Content and Shared Forums. Artstor may make available through Shared Shelf certain Shared Forums, such as blogs, wikis, or other shared spaces that are accessible to all Shared Shelf participants or that are openly accessible without access limitations via the Internet as a service to encourage the exchange of information or ideas among Shared Shelf participants. Any materials or content of any kind posted to or shared through such Shared Forums are defined as "Shared Content." Notwithstanding the foregoing, Shared Content expressly excludes content from the Artstor Digital Library.
You represent and warrant that all Shared Content that you post to or share via Shared Forums shall not infringe or violate any third party right or applicable law of any kind. Artstor does not control, takes no responsibility for, makes no representations or warranties about, and does not endorse, any Shared Content, or any third-party sites or materials accessible through links in Shared Shelf. Should you post Shared Content to such Shared Forums, you automatically grant a perpetual, worldwide, nonexclusive, free-of-charge license to all individuals and institutions accessing that Shared Content to reproduce, distribute, make public performances of, publicly display, and make adaptations or modifications of such Shared Content. Artstor reserves the right to remove Shared Content should such Shared Content violate these Terms and Conditions of Use or to facilitate the administration of Shared Forums, and to discontinue any Shared Forum and remove Shared Content made available through that Shared Forum at any time.
- Maintaining Security of Shared Shelf. You are responsible for maintaining the confidentiality and security of your username and/or password (if such are created), and for all usage or activity by you of Shared Shelf, and you hereby agree not to provide access to Shared Shelf, Shared Content or Your Content to anyone else. You may not set up a proxy or anonymous remailer for purposes of allowing access to Shared Shelf.
- Suspected Violations of these Terms and Conditions or Unauthorized Uses. You agree to promptly notify Artstor of any known or suspected unauthorized use(s) of your account or Shared Shelf, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your username, password and/or IP address. Any use of Shared Shelf beyond the scope or in violation of these Terms and Conditions of Use, knowing use of any password or username of another, or any fraudulent, abusive, or otherwise illegal activity, are grounds for termination of your access to Shared Shelf, without notice and at Artstor's sole discretion.
- Digital Millennium Copyright Act and Communications Decency Act. You acknowledge and agree that Artstor does not screen, select or edit Your Content and/or Shared Content, and in making available Shared Shelf, 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 content on Shared Shelf violates your copyright in such content, 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 visit the Copyright Concerns section of Artstor's website at www.artstor.org.
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.
- Proprietary Rights.
- a. Trademarks and Related Intellectual Property. Your use of Shared Shelf implies no right of any kind in any trademarks, logos, names, designs, and/or other intellectual property held by Artstor in Shared Shelf and all related products and services. You may not use Artstor's intellectual property without the advance, written permission of Artstor (or as expressly set forth herein), and you represent that you shall not take any action that would impede, limit or alter Artstor's rights in such intellectual property.
- b. Shared Shelf Software. Except to the extent that Artstor expressly shares components of Shared Shelf Software on an open source basis by posting them on the Artstor website subject to open source licenses, all Shared Shelf 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 ownership rights to such Shared Shelf 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, override or disable encryptions or other protections in, or create derivative works from, Shared Shelf Software, and you represent that you shall not take any action that would impede, limit or alter Artstor's or any third party's ownership rights in Shared Shelf Software.
- Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN WRITING HEREIN, SHARED SHELF 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 SHARED SHELF AND THE SHARED SHELF SOFTWARE, YOUR CONTENT, SHARED CONTENT AND/OR SHARED FORUMS, AND/OR ANY COMPONENTS OR PORTIONS THEREOF, 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 Your Content or the removal of such content; Shared Content that you reproduce, distribute, modify or adapt, display or make performances of or the removal of such content; your use of Shared Shelf or any other Artstor software; your violation of this Agreement; 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, Shared Content or Shared Shelf. This indemnification obligation shall survive the termination or expiration of these Terms and Conditions of Use and your use of Shared Shelf.
- b. In the event that any claim or demand (whether threatened, asserted or filed) is asserted against you in connection with your use of Shared Shelf 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.
- Termination. In addition to any other termination rights set forth in these Terms and Conditions of Use, Artstor may, under certain circumstances and without prior notice, immediately terminate your use of Shared Shelf. Cause for such termination includes, but is not limited to: (i) breaches or violations of these Terms and Conditions of Use; (ii) requests by law enforcement or other government agencies; (iii) unexpected technical or security issues or problems; or (vii) engagement by you in fraudulent or illegal activities. You agree that all terminations for cause will be made at Artstor' sole discretion and that Artstor will not be liable to you or any third party for any termination of your account or access to Shared Shelf.
- Export Restrictions and U.S. Government Licenses. You acknowledge that Shared Shelf uses encryption and other software that may be subject to export, import and/or use controls by Government Authorities (as hereinafter defined) by way of law or regulation. You agree that you will serve as the importer and exporter of record for Shared Shelf and that Shared Shelf will not be exported, imported, used, transferred or re-exported except in compliance with the laws and regulations of the national and/or other government authorities with authority over the country(ies) and/or territory(ies) from which Shared Shelf is being exported or to which Shared Shelf is being imported (the "Government Authorities") and will pay and/or comply with all applicable export and import laws, customs, regulations, tariffs, duties, and fees, and procurement, data and technology transfer laws. You are responsible to Artstor for all costs and damages arising from any failure to meet these obligations. Artstor's obligations hereunder are contingent upon necessary export licenses being obtained from federal agencies of the United States. If Shared Shelf is identified as an export controlled item, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation, and that you are not otherwise prohibited by any laws from receiving Shared Shelf. All rights to use Shared Shelf are granted on the condition that such rights are forfeited if you fail to comply with these terms.
- a. Authority to Enter into Agreement. You represent and warrant that you have all authority and rights necessary to enter into this Agreement, that you are of legal age to form a binding contract and are not a person barred from accessing Shared Shelf under the laws of the United States or any other applicable jurisdiction.
- b. 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.
- c. Illegality; Unenforceability; Conflict of Law. If any provision or provisions of this Agreement is 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 will not be in any way affected or impaired thereby. A waiver of any breach of this Agreement will not be deemed a waiver of other breaches of the Agreement.
- d. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part and the remaining part of such provision and all other provisions hereof will continue in full force and effect.
- e. Entire Agreement. These Terms and Conditions of Use set forth the entire Agreement between us.
- f. No Agency. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
- Terms and Conditions Subject to Change. Artstor may change these Terms and Conditions of Use at any time, and such modified Terms and Conditions of Use shall be posted on the Artstor website, as well as in the Shared Shelf interface. Your use of Shared Shelf constitutes your agreement to the modified Terms and Conditions of Use and all changes thereto.
Last updated April 7, 2014.