1  Welcome to JSTOR Forum

JSTOR Forum (previously known as Shared Shelf) is an enterprise-wide digital collection management solution that enables institutions to upload, catalog, store, and share their digital content.

By using JSTOR Forum you agree to abide by the following Terms and Conditions of Use.  These Terms and Conditions of Use may be subject to an agreement entered into between Artstor and an Authorized User’s affiliated institution, such as a user’s university (“Agreement”).  If you have questions about your affiliated institution’s Agreement with JSTOR Forum, please contact your JSTOR Forum administrator.

2  Definitions

2.1 “Artstor Platforms” means the Artstor owned and operated websites that are available as publishing targets from the JSTOR Forum Platform, currently the restricted Artstor website (library.artstor.org) and the publicly available Shared Shelf Commons website www.sscommons.org/openlibrary/).

2.2 “Authorized Users” means individuals who (a) are affiliated with an Institutional Licensee as students, faculty, or employees; (b) individuals or categories of individuals designated by Institutional Licensees to access Hosted Content; or (c) other users of JSTOR Forum agreed upon in writing by, or on behalf of, Artstor.

2.3 “Hosted Content” means documents, graphics, images, videos, audio files, cataloging and other texts, and other materials that are uploaded or accessed by Institutional Licensee or Authorized Users through the JSTOR Forum Platform.

2.4 “Institutional Licensee” mean an institution (such as a college, university, K-12 school, public library, museum, foundation, or government agency) that maintains a valid JSTOR Forum Agreement with Artstor.

2.5 “JSTOR Forum Platform” means the content management software platform that enables Institutional Licensees and Authorized Users to manage, store, use, and/or publish their digital collections within their institution or publicly, in accordance with the service plan elected. JSTOR Forum Platform refers to software platform only, not to any Hosted Content or Shared Content made available through the platform.

2.6 “Shared Content” means any Hosted Content that is shared, made available, or published via the JSTOR Forum Platform, at the request of an Institutional Licensee or Authorized User.

3  Grant of License and Access

3.1 Artstor License Grant.  Artstor hereby grants Institutional Licensees and their Authorized Users a non-exclusive, non-transferable, limited license (“License”) to use the JSTOR Forum Platform to manage, store, use, make available and publish Hosted Content and Shared Content in the manner set forth in these Terms and Conditions and the Institutional Licensee’s Agreement.  There shall be no sublicensing, assignment, or any transfer of this license, and any attempt at such sublicensing, assignment or transfer is void.

3.2 Institutional Licensee and Authorized User License Grant.

a. Institutional Licensees and Authorized Users grant Artstor a worldwide non-exclusive, royalty-free and transferable license to use, incorporate, reproduce, distribute, prepare derivative works of, display, perform, publish, and make available the Hosted Content in connection with providing the JSTOR Forum services, including in communications about JSTOR Forum in promotion of Artstor’s nonprofit mission. Institutional Licensees and Authorized Users grant Artstor a worldwide non-exclusive, royalty-free and transferable license to use, incorporate, reproduce, distribute, prepare derivative works of, display, perform, publish, and make available the Shared Content on the Artstor Platforms as directed by Institutional Licensees and Authorized Users, and to allow web indexing services and discovery services to use Shared Content as a mechanism for educational and scholarly users to learn about the existence of Shared Content.

b.   Institutional Licensees and Authorized Users grant all individuals and institutions with whom Institutional Licensees and Authorized Users share access to Shared Content on an Artstor Platform a non-exclusive license to access, use, reproduce, distribute, display and perform such Shared Content in accordance with these Terms and Conditions and Sections 3-5 of the Artstor Terms and Conditions (available at http://www.artstor.org/artstor-terms).

4  Shared Content

4.1 Permissions and Responsibilities.  Institutional Licensees and Authorized Users grant Artstor permission to publish or make available Shared Content to the targets selected by the Institutional Licensee or Authorized User. Institutional Licensees and Authorized Users are solely responsible for all Shared Content and the consequences of submitting and publishing any Shared Content via JSTOR Forum.  Institutional Licensees and Authorized Users affirm, represent and warrant that they own or have the necessary licenses, rights, consents, and permissions, or defenses to include Hosted Content within JSTOR Forum or to publish such Shared Content via JSTOR Forum. Artstor is not responsible for determining whether Shared Content is appropriate for viewing by audiences of different age groups or for complying with any applicable law, including but not limited to (a) any law regulating the provision of Shared Content to audiences of different age groups; and (b) any law regulating children’s use of the internet. Institutional Licensees and Authorized Users will make reasonable efforts to ensure Shared Content published or made available on Artstor Platforms is compliant with Section 508 of the Rehabilitation Act and W3C WAI WCAG 2.0 Level AA.

4.2 Shared Content – Prohibited Use.  Institutional Licensees and Authorized Users further agree that when making available or publishing Shared Content they will not, and will not authorize others, to:

a. violate or infringe upon any third party rights, or violate any applicable law or regulation;

b.   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; or

c. intentionally disrupt the JSTOR Forum Platform or any other Artstor platforms, servers or networks connected thereto.

Additionally, for Shared Content made available or published on the Artstor Platforms, Institutional Licensees and Authorized Users will not, and will not authorize others, to:

d.   upload content intended to harass, threaten, abuse, libel, or slander others, or otherwise commit tortious conduct; or

e.   publish or make available obscene, abusive, derogatory, pornographic or otherwise offensive material by using the JSTOR Forum platform, unless there are serious literary, artistic, political, or scientific reasons for doing so, and Artstor reserves right to remove such material at own discretion (and will notify in advance to the extent practicable).

4.3 Shared Content Terms. Institutional Licensees and Authorized Users may post rules, licenses or terms governing the use of their Shared Content in the metadata associated with such content (“Shared Content Terms”). Should Institutional Licensees or Authorized Users post any Shared Content Terms, it is understood and agreed that they will not impose any obligations, liability, or restrictions of any kind on Artstor, and such Shared Content Terms will not apply within the confines of the JSTOR Forum Platform. To learn more about how Shared Content Terms may apply on the site of a third-party publishing target, please consult the terms of the third party. To learn more about how Shared Content Terms apply on the Artstor Digital Library Platform, please go to: http://www.artstor.org/artstor-terms.

4.4 Third Party Terms. Institutional Licensees and Authorized Users recognize that Shared Content published to a third-party target may be subject to other terms and conditions, as exist on a third-party website.  Artstor shall bear no responsibility, liability, or obligations in connection with an Institutional Licensee or Authorized User’s failure to comply with such third-party website’s terms and conditions.

4.5 Institutional Licensees and Authorized Users agree that portions of Shared Content downloaded or printed out by an Authorized User from the Artstor Platforms may continue to be used in compliance with these Terms and Conditions, even if an institution or user’s JSTOR Forum Agreement shall later terminate or expire.

5  JSTOR Forum – Prohibited Uses

5.1 In their use of JSTOR Forum, Institutional Licensees and users may not:

a. distribute in any medium any part of the JSTOR Forum Platform without Artstor’s prior written authorization;

b.   alter or modify any part of the JSTOR Forum Platform;

c. access Hosted Content through any technology or means other than the pages of the JSTOR Forum Platform, or other explicitly authorized means Artstor may designate;

d.   use JSTOR Forum for any commercial purpose or gains, including the sale of access to the JSTOR Forum Platform;

e.   modify, build upon, or block any portion or functionality of the JSTOR Forum Platform;

f.  use the JSTOR Forum Platform to collect or store any personally identifiable information; or

g. violate any applicable law or regulation.

6  Responsibilities of Users

6.1 Access.  Institutional Licensees shall make reasonable efforts to ensure that access to the JSTOR Forum Platform is limited to Authorized Users. Such efforts shall include, but not be limited to, issuing and terminating passwords within its control, verifying the status of Authorized Users, providing lists of valid passwords to Artstor if applicable, updating such lists on a regular basis and providing any information or assistance necessary for Artstor to implement whatever user authentication processes Artstor may establish in its sole discretion. Authorized Users shall be responsible for maintaining the confidentiality and security of their usernames and/or passwords (if such are provided), and may not provide access to the JSTOR Forum Platform to anyone else.  Authorized Users shall be responsible for all usage or activity by them of the JSTOR Forum Platform.

6.2 Unauthorized Use.  Authorized Users shall promptly notify Artstor and the institution with which they are affiliated of any known or suspected unauthorized use(s) of their account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of their username or password. Likewise, Institutional Licensee will promptly notify Artstor upon learning or being notified of any violation or suspected violation of these Terms and Conditions of Use, investigate and cooperate fully and promptly with Artstor in investigating such known or suspected violations, and take other measures that Artstor reasonably deems appropriate in any case involving knowing and willful violations. Any use of JSTOR Forum 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, may be grounds for termination of an Authorized User’s account (without notice and at Artstor’s sole discretion).  Artstor shall make reasonable efforts to contact Institutional Licensee and Authorized User and provide them with an opportunity to remedy such unauthorized use or infringement to Artstor’s satisfaction before suspending or terminating access to an Authorized User’s account.

6.3 Breach of these Terms and Conditions.   Institutional Licensees and Authorized Users agree that Artstor shall in no way be liable for any loss, injury, claim, liability, damages, costs, or attorneys’ fees arising out of or in connection with the violation by the Institutional Licensee or Authorized User of these Terms and Conditions of Use.  Individual Authorized Users shall be held responsible for any and all liability and costs incurred for any violations by them of the Terms and Conditions of Use.

6.4 Hardware and Internet Access.  Institutional Licensee and Authorized Users are solely responsible for establishing and maintaining hardware and internet connections to provide access to, use, transmit, display, and publish the Hosted Content and the JSTOR Forum Platform.

6.5 Approvals.  Institutional Licensee agrees that, should it use the JSTOR Forum Platform and associated software outside of the United States, it will effect or obtain any necessary governmental or regulatory filings and approvals and will pay any costs associated therewith, including but not limited to filings, approvals and costs associated with the importation, exportation or use of JSTOR Forum and software. Should Institutional Licensee and its Authorized Users access JSTOR Forum from a country outside of the United States, Institutional Licensee will inform Artstor of any law or regulation in such country of which Institutional Licensee becomes aware that may be incompatible with these Terms and Conditions of Use. Artstor may revoke access to JSTOR Forum in any country outside the United States if in Artstor’s sole opinion it is warranted by applicable law.

7  Intellectual Property Rights

7.1 General Intellectual Property Rights.  The JSTOR Forum Platform and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights relating to the JSTOR Forum are proprietary to Artstor, subject to the rights of third parties and the limited license granted in these Terms and Conditions. Institutional Licensee and its Authorized Users will not, attach, dispute, or contest, indirectly or directly, Artstor’s or third parties’ rights in and title to the JSTOR Forum Platform, nor assist others to do so. Copyright is not claimed by Artstor as to any work that is in the public domain. 

7.2 Trademarks.  Neither Artstor nor Institutional Licensee may use the other’s name or trademark and Institutional Licensees and Authorized Users may not use the name or trademarks of the above-noted entities without approval except: (i) Artstor may use Institutional Licensees’ names and/or the names of their libraries in brochures or other materials to identify Institutional Licensees as subscribers to JSTOR Forum along with other subscribers, and (ii) Institutional Licensees are encouraged to use Artstor’s name and logo to announce participation to Authorized Users and to train Authorized Users on the use of JSTOR Forum.

8  Responsibilities of Artstor

8.1 Usage Reports.  Authorized Users with administrator privileges may run usage reports on the projects they are managing in JSTOR Forum, using the administrator tools.

8.2 Third-Party Content and Links.  Artstor does not control and takes no responsibility for, makes no representations or warranties about, and does not endorse Hosted Content, Shared Content, or any third-party sites accessible through links in metadata input by Institutional Licensees or Authorized Users.

8.3 Data and Limiting Network Congestion. JSTOR Forum permits Institutional Licensees and Authorized Users to access and export metadata from their own institution’s projects. To protect the system from receiving or transmitting more data than it can handle, and to preserve system availability for all users, Artstor reserves the right to throttle or limit requests to JSTOR Forum at times of high usage.

9  DMCA/Claims

9.1 Artstor does not screen, select, edit or review Hosted Content and under no circumstances will Artstor be liable in any way for Hosted Content, including, but not limited to, any error or omission in any Hosted Content or any loss, injury, claim, liability, damages, costs, or attorney fees of any kind should any Hosted Content violate or infringe any third party right or any law.  

9.2 In providing the JSTOR Forum Platform for Authorized Users, Artstor is acting as an online service provider within the definition of the Digital Millennium Copyright Act at 17 U.S.C. § 512 (the “DMCA”). Artstor is required under the DMCA to expeditiously remove from its servers or disable access to Hosted Content if Artstor learns or becomes aware that such content infringes the copyright of a third party. Artstor reserves the right to terminate an Institutional Licensee’s or Authorized User’s access to JSTOR Forum when that Institutional Licensee or Authorized User repeatedly infringes another’s copyright, although Artstor would make reasonable efforts to collaborate with an Institutional Licensee to resolve such infringements before terminating access, and would endeavor, to the extent practicable, to notify Institutional Licensee in advance before disabling access to Hosted Content. Artstor shall in no way be held liable for acting pursuant to its DMCA obligations. Artstor reserves the right to remove Shared Content at any time for legal or others reasons.

9.3 Should you believe that any Hosted 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, 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 statement on Artstor’s website at www.artstor.org/copyright.

9.4 Institutional Licensees agree to notify Artstor of any infringement, libel, or other claim pertaining to any Hosted Content of which Institutional Licensee becomes aware.

10  Warranty; Disclaimers

10.1 Artstor represents and warrants under the laws of the United States that to its knowledge use of the JSTOR Forum Platform by Authorized Users in accordance with these Terms and Conditions of Use will not infringe the copyright of any third party. The foregoing will not apply to the Hosted Content loaded by Institutional Licensees and Authorized Users to the JSTOR Forum Platform, or to usage of the JSTOR Forum Platform by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use.  Artstor makes no representation or warranty, and expressly disclaims any liability with respect to the Hosted Content, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. 

10.2 Artstor will not be liable for the actions of any third party websites that receive Shared Content as a publishing target from JSTOR Forum.

10.3 Artstor will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold Artstor liable for any loss, injury, claim, liability, damages, costs, and/or attorneys’ fees of any kind that result from the unavailability of the JSTOR Forum Platform or Hosted Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee’s or Authorized Users’ use of the JSTOR Forum Platform or Hosted Content in violation of these Terms and Conditions of Use. If the JSTOR Forum Platform fails to operate in conformance with the Terms and Conditions of Use, Institutional Licensee will immediately notify Artstor and, subject to the downtime provisions in your Agreement, Artstor’s sole obligation will be to repair the nonconformity. In no event will Artstor’s liability to an Institutional Licensee exceed the fees paid to Artstor by that Institutional Licensee for the term of the Agreement then in effect, nor will Artstor be liable for any incidental, indirect, special, punitive or consequential damages, notwithstanding the failure of essential purpose of any limited remedy.

10.4 JSTOR FORUM IS PROVIDED ON AN “AS IS” BASIS, AND ARTSTOR DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ANY LIABILITY, WARRANTIES, CONDITIONS, GUARANTEES AND REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR FORUM, PROFESSIONAL SERVICES, HOSTED CONTENT AND ALL ARTSTOR SITES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  ARTSTOR MAKES NO WARRANTIES WITH RESPECT TO HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM IN HOSTED CONTENT.  ARTSTOR DISCLAIMS ANY LIABILITY, AND MAKE NO WARRANTIES WITH RESPECT TO: ANY ERRORS OR OMISSIONS IN THE HOSTED CONTENT; LIABILITY UNDER LIBEL LAWS; INFRINGEMENT OF RIGHTS OF PUBLICITY OR PRIVACY, MORAL RIGHTS, RELATED OR NEIGHBORING RIGHTS; THE DISCLOSURE OF CONFIDENTIAL INFORMATION; AND WHETHER HOSTED CONTENT IS FREE OF OBSCENE, OFFENSIVE, DEFAMATORY, OR INFLAMMATORY MATERIALS, AND ANY CLAIMS OF ANY KIND RELATED TO THIRD-PARTY LINKS AND SITES THAT MAY BE INCLUDED IN HOSTED CONTENT.

11  Discontinuing Access to JSTOR Forum

11.1 Upon termination of a JSTOR Forum Agreement, all online access to the JSTOR Forum Platform for Institutional Licensee and its Authorized Users will be terminated.

11.2 Effect of termination on Hosted Content.  The license in Section 3.2(a) will terminate within a commercially reasonable time after Hosted Content is removed or deleted from the JSTOR Forum Platform. Institutional Licensees understand and agree, however, that Artstor may retain, but not display, distribute, or perform, server copies of the Hosted Content that have been removed or deleted.

11.3 Effect of termination on Shared Content. Upon termination of a JSTOR Forum Agreement, Shared Content published or made available to a public collection on the Artstor Platform shall remain part of the public collection, and made available pursuant to these Terms and Conditions, unless Institutional Licensees or Authorized Users request its removal within 6 months of termination.  Artstor may remove some or all of the Shared Content published to a public collection by institutions or users who no longer subscribe to JSTOR Forum at any time, in the interest of managing the JSTOR Forum service.

Artstor has no authority to remove or delete Shared Content published to a third party website outside of Artstor’s control. If Institutional Licensees or Authorized Users would like Shared Content to be removed from such third-party sites, Institutional Licensees and Authorized Users must approach such third party sites directly.

12  Privacy

12.1 Use of JSTOR Forum indicates acceptance of Artstor’s Privacy Policy, available http://www.artstor.org/privacy-policy, as may be amended from time to time. Artstor will use reasonable efforts to maintain sufficient security with respect to all IP addresses, usernames, passwords, and user e-mail addresses provided by Institutional Licensees and Authorized Users in accordance with such Privacy Policy.

12.2 Artstor does not guarantee confidentiality with respect to any Hosted Content saved within the JSTOR Forum Platform by Institutional Licensees and Authorized Users.

13  Force Majeure

13.1 Neither Artstor nor Institutional Licensees or Authorized Users will be liable for failures or delays in performing their obligations pursuant to this contract arising from any cause beyond their control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, lockouts or labor disputes, epidemics, wars, riots, earthquakes, storms, typhoons and floods. In the event of any such delay, the time for either party’s performance will be extended for a period equal to the time lost by reason of the delay. If the conditions giving rise to the delay continue beyond thirty (30) consecutive days, either party may terminate its JSTOR Forum Agreement by giving written notice to the other party.

14  General

14.1 These Terms and Conditions of Use are, where applicable, subject to and incorporated by reference into Institutional Licensees’ JSTOR Forum Agreement. In the event of any conflict between these Terms and Conditions of Use and the JSTOR Forum Agreement applicable to an Institutional Licensee and/or Authorized User, the JSTOR Forum Agreement will prevail.

14.2 These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the United States of America. You consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts.  You expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions of Use.

14.3 If you are a United States public education or government institution, those portions of these Terms and Conditions which are invalid or unenforceable against you due to applicable state or federal law, shall be construed in a manner most consistent with applicable governing law.

14.4 If any provision of these Terms and Conditions of Use is 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. A waiver of any breach of these Terms and Conditions of Use shall not be deemed a waiver of other breaches of the Terms and Conditions of Use or the JSTOR Forum Agreement.

14.5 The English language version of Agreements with Artstor will be controlling over any other version.

14.6 Artstor has entered into a strategic alliance with ITHAKA, a non-profit organization that serves the scholarly community through JSTOR and other services. It is understood and agreed that at any time Artstor may, in its sole discretion, transfer or assign, including by operation of law, to ITHAKA any and all rights and obligations of Artstor set forth in these Terms and Conditions of Use.

14.7 In the interest of managing the evolving needs of Institutional Licensees and Authorized Users, Artstor reserves the right to modify these Terms and Conditions of Use, or any aspect of JSTOR Forum at any time. The most updated version of these Terms and Conditions of Use will be posted on the Artstor website. Artstor will notify Institutional Licensees via email of material modifications. A modification will become effective for an Institutional Licensee if it does not object in writing to Artstor within 60 (sixty) days from the time Artstor emails notice of the modification. In the event of such an objection, the Institutional Licensee will have the right to terminate the JSTOR Forum Agreement on 30 (thirty) days written notice. Your use of JSTOR Forum constitutes your agreement to the modified Terms and Conditions of Use and all changes thereto.