Shared Shelf Commons Terms and Conditions of Use
Shared Shelf Commons is an open-access, web-based platform that makes available images and other content free of charge. By accessing and/or using Shared Shelf Commons, you agree to these Shared Shelf Commons Terms and Conditions of Use:
- Shared Shelf Commons Software. Artstor hereby grants you a limited, personal, nonexclusive, free-of-charge license to access and use the Shared Shelf Commons software in the manner set forth in these Terms and Conditions of Use.
- Posting Content to Shared Shelf Commons. To the extent that you upload images, media, data or other files to Shared Shelf Commons, you represent and warrant that such images, media, data or other files will not violate any copyrights or other known rights, taking into account all provisions of U.S. copyright law, including reasonable interpretations of 17 U.S.C. § 107 (fair use). To the extent you upload such content to Shared Shelf Commons ("Your Content"), you hereby grant Artstor a free-of-charge, royalty-free, worldwide, non-exclusive license for the period of time in which Your Content is posted to or made available through Shared Shelf Commons to reproduce, distribute, modify and adapt, display and make performances of Your Content, in order to make available and share Your Content with the general public through Shared Shelf Commons and in communications about Shared Shelf in promotion of Artstor's nonprofit mission. Should you upload terms and conditions of use to be displayed in connection with such images, media, data or other files, nothing in those terms and conditions may conflict with these Shared Shelf Commons Terms and Conditions of Use, or otherwise impose any obligation, liability or other duty upon Artstor, and any terms and conditions of use that are contrary to, or otherwise violate these Shared Shelf Commons Terms and Conditions of Use shall be automatically void to the extent of such conflict or violation.
- Digital Millenium Copyright Act and Communications Decency Act. Artstor does not screen, select, edit or review Commons Content for legal purposes, does not warrant or represent that the use of Commons Content will not violate or infringe upon any third party rights, and does not warrant or represent that Commons Content is accurate or useful for any particular purpose. In providing Shared Shelf Commons, 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 Commons 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 Commons if that individual or institution repeatedly infringes another's copyright. Artstor shall in no way be held liable for acting pursuant to its DMCA obligations. Should you believe that any Commons 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 statement on Artstor's website at http://www.artstor.org/our-organization/o-html/copyright.shtml. Artstor reserves the right to remove Commons Content at any time from Shared Shelf Commons for legal or other reasons.
Licensee further acknowledges and agrees that Artstor shall not be treated as the publisher or speaker of any Commons Content, as set forth in the Communications Decency Act, 47 U.S.C. Sec. 230(c)(1), and Artstor shall not be liable for such content posted, or for any failure or delay in removing such content.
- Your Conduct and Use of Shared Shelf Commons. By accessing or using Shared Shelf Commons, and by uploading images or other media to Shared Shelf Commons, 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) upload images or other media to Shared Shelf Commons, or otherwise use Shared Shelf Commons, 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 Shared Shelf Commons or servers or networks connected to Shared Shelf Commons.
- Links. Contributors uploading Commons Content to Shared Shelf Commons may make available links in their metadata records 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.
- Trademarks and Related Intellectual Property. Your use of Shared Shelf Commons implies no right of any kind in any trademarks, logos, names, designs, and/or other intellectual property held by Artstor in Shared Shelf Commons or any other services or products made available by 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.
- Shared Shelf Commons Software. Except to the extent that Artstor expressly shares components of Shared Shelf Commons Software on an open source basis by posting them on the Artstor website subject to open source licenses, all Shared Shelf Commons 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 Shared Shelf Commons 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 Shared Shelf Commons 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 Shared Shelf Commons Software.
- Disclaimer. Except as expressly set forth in writing herein, Shared Shelf Commons 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 Commons, commons content, and the Shared Shelf Commons 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.
- 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; your use of Shared Shelf Commons 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 Shared Shelf Commons. This indemnification obligation shall survive the termination or expiration of these Terms and Conditions of Use and your use of Shared Shelf Commons.
- 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 Commons 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.
- 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.
- Illegality; Unenforceability; Conflict of Law. If any provision or provisions of these Shared Shelf Commons 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.
- Entire Agreement. These Shared Shelf Commons Terms and Conditions of Use set forth the entire Agreement between us with respect to uploading Content to, or your use of, Shared Shelf Commons.
- Terms and Conditions Subject to Change. Artstor may change these Shared Shelf Commons Terms and Conditions of Use at any time, and such modified Shared Shelf Commons Terms and Conditions of Use shall be posted on the Shared Shelf Commons website. Your use of Shared Shelf Commons constitutes your agreement to the Shared Shelf Commons Terms and Conditions of Use and all changes thereto.
Last updated on May 2, 2014.