1 Welcome to JSTOR Forum

JSTOR Forum, a service offered by the not-for-profit organization ITHAKA, 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 JSTOR 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 “Authorized Users” means (a) individuals 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, JSTOR.

2.2 “Hosted Content” means documents, textual content, graphics, images, videos, audio files, cataloging and other texts, and other materials that are uploaded or accessed by Institutional Licensee or Authorized Users via JSTOR Forum.

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

2.4 “ITHAKA Platforms” means the ITHAKA owned and operated websites that are available as publishing targets from JSTOR Forum, currently the Artstor website (library.artstor.org) and JSTOR website (www.jstor.org).

2.5 “JSTOR Forum” means the content management software platform and services that enable Institutional Licensees and Authorized Users to manage, store, use, and/or publish digital collections within their institution or publicly, in accordance with the service plan elected. JSTOR Forum refers to the software platform and services 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 JSTOR Forum, at the request of an Institutional Licensee or Authorized User.

3 Grant of License and Access

3.1 JSTOR License Grant. JSTOR grants Institutional Licensees and Authorized Users a non-exclusive, non-transferable, limited license (“License”) to use JSTOR Forum 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 JSTOR 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.

b. Institutional Licensees and Authorized Users grant JSTOR a worldwide non-exclusive, royalty-free, and transferable license to use, incorporate, reproduce, distribute, prepare derivative works of, display, perform, publish, make fair use of and make available the Shared Content on the ITHAKA Platforms or third-party sites, as directed by Institutional Licensees and Authorized Users, to permit text and data mining of Shared Content, and to permit Shared Content to be crawled by and/or to provide full text to web indexing services and discovery services to facilitate educational and scholarly users’ awareness of the Shared Content.

c. Institutional Licensees and Authorized Users grant all individuals and institutions with whom Institutional Licensees and Authorized Users share access to Shared Content on an ITHAKA Platform a non-exclusive license to access, use, reproduce, distribute, display, and perform such Shared Content in accordance with these Terms and Conditions and in accordance with:

3.2.c.1 Sections 3-5 of the Artstor Terms and Conditions (available at www.artstor.org/artstor-terms), when published to the Artstor website (library.artstor.org); or

3.2.c.2 Sections 2-4 of the JSTOR Terms and Conditions (available at about.jstor.org/terms), when published to the JSTOR website (www.jstor.org)

4 Shared Content

4.1 Permissions and Responsibilities. Institutional Licensees and Authorized Users grant JSTOR permission to publish or make available Shared Content to the target websites 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. JSTOR is not responsible for determining whether Shared Content is appropriate for viewing by audiences of different age or geographic groups or for complying with any applicable laws or regulations, including but not limited to (a) any laws or regulations about providing Shared Content to audiences of different age groups; and (b) any laws or regulations regarding children’s use of the internet. Institutional Licensees and Authorized Users will make reasonable efforts to ensure Shared Content published or made available on ITHAKA Platforms is compliant with Section 508 of the Rehabilitation Act and W3C WAI WCAG 2.1 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 JSTOR Forum or any ITHAKA Platforms, servers, or networks connected thereto.

Additionally, for Shared Content made available or published on the ITHAKA 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  content that violates JSTOR’s and Artstor’s Community Guidelines, available at about.jstor.org/community-guidelines.

JSTOR reserves the right to remove material from ITHAKA’s Platforms that violates this section at its 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 JSTOR, and such Shared Content Terms will not apply within the confines of JSTOR Forum in connection with JSTOR providing JSTOR Forum services.

4.4 Third Party Terms. Institutional Licensees and Authorized Users recognize that Shared Content published to a third-party publishing target may be subject to other terms and conditions, as exist on the third-party website. 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 site. JSTOR 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 ITHAKA Platform Terms. Institutional Licensees and Authorized Users recognize that Shared Content published to an ITHAKA Platform is subject to the Artstor terms and conditions (www.artstor.org/artstor-terms) when published to the Artstor website (library.artstor.org) and is subject to the JSTOR terms and conditions (about.jstor.org/terms) when published to the JSTOR website (jstor.org).

4.6 Institutional Licensees and Authorized Users agree that portions of Shared Content downloaded or printed out by an Authorized User from the ITHAKA 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 JSTOR Forum without JSTOR’s prior written authorization;

b. alter or modify any part of JSTOR Forum;

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

d. use JSTOR Forum for any commercial purpose or gains, including the sale of access to JSTOR Forum and/or ITHAKA Platforms;;

e. modify, build upon, or block any portion or functionality of JSTOR Forum and/or ITHAKA Platforms;

f. use JSTOR Forum 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 JSTOR Forum 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 JSTOR if applicable, updating such lists on a regular basis, and providing any information or assistance necessary for JSTOR to implement whatever user authentication processes JSTOR may establish in its sole discretion. Authorized Users are responsible for maintaining the confidentiality and security of their usernames and/or passwords (if such are provided), and may not provide access to JSTOR Forum to anyone else. Authorized Users shall be responsible for all usage or activity by them of JSTOR Forum.

6.2 Unauthorized Use. Authorized Users shall promptly notify JSTOR 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 JSTOR 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 JSTOR in investigating such known or suspected violations, and take other measures that JSTOR 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 JSTOR’s sole discretion). JSTOR 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 JSTOR’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 JSTOR 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 are 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 providing and maintaining hardware and internet connections necessary to access JSTOR Forum.

7 Intellectual Property Rights

7.1 General Intellectual Property Rights. JSTOR Forum 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 JSTOR Forum are proprietary to JSTOR, 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, JSTOR’s or third parties’ rights in and title to the JSTOR Forum software, nor assist others to do so. Copyright is not claimed by JSTOR as to any work that is in the public domain.

7.2 Trademarks. Neither JSTOR 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) JSTOR may use Institutional Licensees’ names or trademarks in connection with identifying the source of content and Licensee’s names 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 JSTOR’s name and logo to announce participation to Authorized Users and to train Authorized Users on the use of JSTOR Forum.

8 Responsibilities of JSTOR

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

8.2 Third-Party Content and Links. JSTOR 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, JSTOR reserves the right to throttle or limit requests to JSTOR Forum at times of high usage.

8.4 Accessibility. JSTOR Forum complies with Section 508 of the Rehabilitation Act and W3C WAI WCAG 2.1 Level AA. Please note that the accessibility level of Hosted Content depends upon the actions of Institutional Licensees and Authorized Users, and is outside of JSTOR’s control. More information regarding JSTOR Forum’s accessibility compliance, including the VPAT documents, may be accessed at support.forum.jstor.org/hc/en-us/articles/360034045213-Accessibility.

9 DMCA/Claims

9.1 JSTOR does not screen, select, edit or review Hosted Content and under no circumstances will JSTOR 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 JSTOR Forum for Authorized Users, JSTOR is acting as an online service provider within the definition of the Digital Millennium Copyright Act at 17 U.S.C. § 512 (the “DMCA”). JSTOR is required under the DMCA to expeditiously remove from its servers or disable access to Hosted Content if JSTOR learns or becomes aware that such content infringes the copyright of a third party. JSTOR 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 JSTOR 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. JSTOR 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 JSTOR directed to the Office of the General Counsel, JSTOR, 101 Greenwich Street 18th Floor, New York, NY, 10006 or send an email to the address listed at the U.S. Copyright Office DMCA Designated Agent Directory. Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the infringing material and information that will permit JSTOR to locate the material; (d) information that will permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon such notification, or if JSTOR learns of such a claim from another source, JSTOR may remove such content pending the resolution of such claim.

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

10 Warranty; Disclaimers

10.1 JSTOR represents and warrants under the laws of the United States that to its knowledge use of the JSTOR Forum software 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 JSTOR Forum, or to use of JSTOR Forum by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use. JSTOR 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 JSTOR 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 JSTOR will not be liable, and Institutional Licensees and Authorized Users agree to not hold JSTOR liable for any loss, injury, claim, liability, damages, costs, and/or attorneys’ fees of any kind that result from the unavailability of JSTOR Forum 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 JSTOR Forum or Hosted Content in violation of these Terms and Conditions of Use. If JSTOR Forum fails to operate in conformance with the Terms and Conditions of Use, Institutional Licensee will immediately notify JSTOR and, subject to the downtime provisions in your Agreement, JSTOR’s sole obligation will be to repair the nonconformity. In no event will JSTOR’s liability to an Institutional Licensee exceed the fees paid to JSTOR by that Institutional Licensee for the term of the Agreement then in effect, nor will JSTOR 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 JSTOR 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 ITHAKA SITES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JSTOR 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. JSTOR DISCLAIMS ANY LIABILITY, AND MAKES 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 JSTOR Forum for Institutional Licensee and its Authorized Users will be terminated.

11.2 Effect of termination on Hosted Content. Upon termination of a JSTOR Forum Agreement, license in Section 3.2(a) will terminate within a commercially reasonable time after Hosted Content is removed or deleted from JSTOR Forum. Institutional Licensees understand and agree, however, that JSTOR may retain, but not display, distribute, or perform, server copies of the Hosted Content that has 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 on ITHAKA’s Platforms shall be removed or deleted within 3 months, unless explicit arrangements for hosting of the Shared Content are agreed upon with JSTOR. The licenses in Section 3.2 will terminate within a commercially reasonable time after Hosted Content is removed or deleted from JSTOR Forum. Please reach out to participation@jstor.org to discuss potential hosting scenarios.

JSTOR has no authority to remove or delete Shared Content published to a third party website outside of JSTOR’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 JSTOR’s Privacy Policy, available at www.ithaka.org/privacypolicy, as may be amended from time to time. JSTOR will use reasonable efforts to maintain sufficient security with respect to all IP addresses, usernames, passwords, and user email addresses provided by Institutional Licensees and Authorized Users in accordance with the Privacy Policy.

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

13 Force Majeure

13.1 Neither JSTOR 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 JSTOR will be controlling over any other version.

14.6 In the interest of managing the evolving needs of Institutional Licensees and Authorized Users, JSTOR reserves the right to reasonably modify these Terms and Conditions of Use, or any aspect of JSTOR Forum, at any time, except it is JSTOR’s intention that such modifications shall not materially detract from the scope of use of JSTOR Forum. The most updated version of these Terms and Conditions of Use will be posted on the JSTOR Forum website, and JSTOR will notify Institutional Licensees via email of material modifications. Subject to Section 14.1 above, a modification will become effective for an Institutional Licensee if it does not object in writing to JSTOR within 60 (sixty) days from the time JSTOR emails notice of the modification. In the event of such an objection, JSTOR shall make reasonable efforts to address any concerns or either party will have the right to terminate the JSTOR Forum Agreement on 30 (thirty) days written notice.

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