Effective: May 11, 2018
Welcome to the A&AePortal, an electronic platform for scholarly books on art and architecture (the “Site”), developed by Yale University Press (the “Publishers”), with grant funding from the Andrew W. Mellon Foundation. Site’s mission is to broaden access to key backlist art history titles and to create new avenues for discovering and publishing scholarly content on art and architecture on a sustainable basis.
If you do not accept these Terms, then you may not use the Site or access the Content.
These Terms are subject to change. In the interest of managing the evolving needs of the Site’s users, the Publishers reserve the right to modify these Terms, or any aspect of the Site, at any time. Additionally, the Publishers may change, suspend, or discontinue the Site, in whole or in part, at any time without notice. The most updated version of these Terms will be posted on the Site. Your continued use of the Site following the posting of an updated version of these Terms constitutes your agreement to be bound by those updated Terms.
2. The Content
The “Content” means all text, images, illustrations, moving images, and graphics contained on the Site, including without limitation, all art and architectural history titles made available on the Site, in whole or in part, and coursepacks. Coursepacks (“coursepacks”) consist of a compilation of chapters from an assortment of eBooks available on the Site and combined into a single electronic package designed to be used in a course of study.
3. Authorized Users
3.1 "Institutional Licensee(s)" mean institution(s) that maintain(s) a valid, current Institutional License Agreement with the Publishers.
3.2 While a limited amount of Content may be accessed for free, broader access to Content on the Site accessible as eBooks, chapters or coursepacks is available only for “Authorized Users” residing in the United States.
3.3 “Authorized Users” with respect to eBooks or chapters of titles means either individuals who have paid for access to an individual eBook or chapter on the Site (“Individual Access”) under the terms set forth on the Site and in these Terms, or individuals who are affiliated with an Institutional Licensee that has purchased full access to the Site, are authorized by the Institutional Licensee to access the Site under the terms of its Institutional License Agreement (as discussed more fully in Section 7), and meet the following criteria, consistent with the Terms of the Institutional License Agreement:
(a) when affiliated with educational non-profit and for-profit Institutional Licensees (such as colleges, universities, and secondary schools), the individual is: (i) a currently-enrolled student (including distance education students); (ii) a researcher affiliated with and/or visiting the educational Institutional Licensee who is permitted access to the Site under the terms of the Institutional License Agreement on an ad hoc basis; (iii) full or part-time staff of the Institutional Licensee; or (iv) an on-site user physically present and authorized to be on the Institutional Licensee's premises whose access to the Site is authorized by the Institutional Licensee under the terms of the Institutional License Agreement (“Walk-In User");
(b) when affiliated with museum, foundation, government agency, for-profit organization (other than for-profit educational organizations), and research center Institutional Licensees, the individual is: (i) full or part-time staff of the Institutional Licensee; (ii) a researcher or lecturer affiliated with the Institutional Licensee who is permitted access to the Site under the terms of the Institutional License Agreement on an ad hoc basis; or (iii) is a Walk-In User; and
(c) when affiliated with public library Institutional Licensees, the individual is: (i) full or part-time staff of the Institutional Licensee; or (ii) a Walk-In User.
3.4 “Authorized Users” with respect to coursepacks means students enrolled at educational Institutional Licensees or other educational institutions approved by the Publishers who are taking or auditing a course taught by the professor or educator who has posted the coursepack, and/or teaching assistants working with such professor or educator on such course, where either the Institutional License has purchased access to all coursepacks for its students or the individual student pays for access to the individual coursepack under the terms set forth on the Site and in these Terms.
3.5 By accessing this Site and its Contents, you agree and confirm that you are either an Authorized User or are limiting your access to and use of this Site and its Contents to those portions of the Site and Content that are made freely available to non-Authorized Users. Should the Publishers have reason to believe that you are not an Authorized Users and/or are not accessing or using the Site and its Contents in an appropriate manner, the Publishers, in their sole discretion, may seek remedies including, but not limited to, termination of your account and right to access the Site and its Contents, pursuant to the Sections 7 and 19 below.
4. License of Content
Except as provided herein, the Publishers grant to Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable license to view and display any purchased Content an unlimited number of times through the Site or as otherwise permitted by the Site and these Terms, solely for the Authorized User’s personal, scholarly, non-commercial use. The Publishers further grant to all other users a limited, non-exclusive, non-transferable, non-sublicensable license to view and display any Content that the Publishers have provided free access to for an unlimited number of times through the Site or as otherwise permitted by the Site and these Terms, solely for the users’ personal, scholarly, non-commercial use. The Content is licensed, not sold, to users and Authorized Users by Publishers. Publishers do not guarantee that access to purchased or other Content on the Site will be perpetual, and Publishers reserve the right to suspend, discontinue or terminate the Site for any reason. Publishers additionally reserve the right to remove Content from the Site as set forth in Paragraph 14 of these Terms.
5. Permitted Uses
5.1 You may engage in the following permitted uses of Content on the condition that (i) such uses are for personal, scholarly, non-commercial use only, including use by an Institutional Licensee in accordance with the terms of its Institutional License Agreement with Publishers; (ii) such uses comply with all applicable laws and regulations, including copyright law; and (iii) you abide by the restrictions in Section 5 and elsewhere in these Terms. Subject to these conditions, you may:
(a) search, view, retrieve, and display Content to the extent permitted by the Site;
(b) electronically save purchased Content to the extent permitted by the Site;
(c) print out single copies of Content to the extent permitted by the Site;
(d) provide links to the Content to other Authorized Users.
5.2 Any other uses require separate permission from the Publishers. For example, to reproduce or distribute multiple copies for the classroom or publish Content from the Site (other than through coursepacks distributed through the Site), you must request permission from the applicable rights holder. The rights holder may be the rights holder of the book or the rights holder with respect to any third party material, including artworks.
6. Prohibited Uses
6.1 You shall not be permitted to:
(a) use or authorize the use of any Content on the Site, whether restricted content or otherwise, for any commercial purpose. Commercial purposes include, without limitation, use of the Content for the purpose of deriving profit or gain or promoting a profit-based enterprise;
(b) transfer, distribute, display or provide Content to any third party or the public without prior written consent of the Publishers;
(c) rent, sell, assign, sublicense, or otherwise grant rights in, publish or disclose Content to any third party without prior written consent of the Publishers;
(d) provide or authorize access to Content other than to Authorized Users;
(e) incorporate Content into any database, website, blog or other platform or product;
(f) systematically print out or download Content in bulk to stock or replace print holdings, or download Content in a manner that results in the user essentially reproducing all or any substantial portion of the Site or the Content;
(g) save, reproduce, distribute or display photographs or illustrations of art or architectural works contained in the Content separate and apart from the surrounding text;
(h) attempt to override, circumvent, or disable any encryption features or software protections employed in the Site;
(i) use any device, software, or routine to interfere or attempt to interfere with the normal operation of the Site;
(j) reproduce, distribute or display Content in bulk, such as the inclusion of Content, including individual book chapters, in coursepacks, electronic reserves, repositories or organizational intranets, except for coursepacks distributed through the Site;
(k) use any robot, spider, scraper, or other automated means or manual process to access the site and/or copy, monitor, index, or data mine the Site or its Contents without express written consent;
(l) modify, obscure, or remove any copyright notice or other attribution included in the Content;
(m) undertake coordinated or systematic activity between or among one or more individuals and/or entities that fosters unauthorized distribution of the Content;
(n) make any use, display, reproduction or distribution that exceeds or violates these Terms, an Institutional License Agreement, and/or any other Terms that may be present on the site.
6.2 In the event of any violation of these Terms by an Authorized User affiliated with an Institutional Licensee,
(a) the Publishers may suspend or terminate, or, where practicable, request that Institutional Licensee suspend or terminate, such Authorized User's access to the Site and the Content;
(b) the Publishers may suspend or terminate the access of the Internet Protocol ("IP") address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred; and/or
6.3 The Publishers shall make reasonable efforts to contact the Institutional Licensee prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter.
7. Responsibilities of Users
7.1 You are responsible for maintaining the confidentiality and security of your username and/or password (if such are provided), and for all usage or activity associated with your username and/or password on the Site. Except as permitted for certain Content, you may not provide access to the Site to anyone else, including by setting up an anonymous remailer for purposes of allowing access to the Site.
7.2 Users promptly shall notify the Publishers at email@example.com
and, where applicable, your affiliated Institutional Licensee, of any known or suspected unauthorized use(s) of your account or the Site, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your username, password, and/or IP address.
7.3 Any use of the Site beyond the scope or in violation of these Terms, use of any password or username of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of an account, or termination of access to the Site from an IP address, without notice and at the Publishers’ sole discretion.
7.4 User Generated Content (“UGC”) means content including but not limited to notes, annotations, bookmarks, comments or other materials posted and made available on the Site by any user of the Site. UGC may be monitored by website administrators to monitor compliance with these Terms, copyright infringement issues, or simply to determine if the content posted is relevant to the Site, among other reasons. By posting UGC on the Site, you expressly grant the Publishers a non-exclusive, perpetual, irrevocable, royalty-free fully sub-licensable right to reproduce, distribute, and display such content and your name and likeness as contained in your UGC, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered. All UGC is deemed non-confidential and the Publishers shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any UGC.
7.5 You are responsible for your conduct while using the Site, including any UGC you post on the Site, and shall at all times use the Site in a responsible, professional manner and in accordance with the law. Where you are able to submit material (including without limitation coursepacks) and/or post any UGC, you represent and warrant that you will not upload or otherwise publish or distribute through the Site or link to, transmit or solicit any content of any type that:
(a) is knowingly false or includes misleading indications of origin or statements of fact;
(b) is unlawful, libelous, violates a contract, or regulation;
(c) is obscene, harmful to minors, pornographic, invasive to another's privacy, racist, unethical, or otherwise offensive;
(d) infringes on someone's copyright, trademark or other intellectual property rights, or any other right;
(e) constitutes unauthorized or unsolicited commercial communications such as advertising or bulk or SPAM email;
(f) contains any computer code designed to disrupt, damage or impair any computer or network systems and software, such as viruses, trojans, back doors, or macros, whether or not any damage occurs;
(g) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information;
(h) represent or suggest, directly or indirectly, the Publishers’ endorsement of your UGC; or
(i) defaces the Site or the Content in any way.
7.6 The Publishers do not vouch for the accuracy or credibility of any UGC on the Site, and do not take any responsibility or assume any liability for any actions you may take as a result of reading UGC on the Site. Through your use of the Site, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons or people acting under false pretense. By using the Site, you assume all associated risks.
8. Responsibilities of Instructors Posting Coursepacks on the Site
8.1.Verified Instructors, or any other instructor at an educational institution approved by the Publishers (an “Approved Instructor”), may create coursepacks on the Site for use by their students in connection with a course taught at an educational Institutional Licensee or other educational institution approved by the Publishers. The sole purpose of such coursepacks shall be to collect selected reading materials from the Content to supplement other readings assigned to students in a particular course and not to replace print works or textbooks. Such Coursepacks shall consist of chapters from more than one eBook available on the Site and may not include entirety of a work, plus notes, annotations or bookmarks created by the Verified Instructor or Approved Instructor. Such notes, annotations and bookmarks shall be considered UGC under these Terms and subject to the provisions on UGC in Section 8, above. No other content shall be included in such coursepacks.
8.2. Coursepacks shall be distributed solely to Authorized Users as set forth in Section 3.4 of these Terms and solely during the term of the course. Verified Instructors and Approved Instructors will use reasonable efforts to ensure that access to their coursepacks is limited to Authorized Users in accordance with these Terms and to protect the coursepacks from any prohibited uses and/or uses not in compliance with these Terms. Verified Instructors and Approved Instructors shall notify the Publishers of any prohibited use of which they learn or are notified and shall cooperate with the Publisher in resolving instances of prohibited use. 9.3. Any instructor seeking to become an Approved Instructor shall contact Yale University Press at firstname.lastname@example.org
9. Responsibilities of the Publishers
During its operation, the Publishers will use reasonable efforts to provide continuous availability of the Site, subject to periodic unavailability due to maintenance of the server(s), the installation or testing of software, the loading of the Content as it becomes available, downtime related to equipment or services outside the control of the Publishers, including public or private telecommunications services or internet nodes or facilities, and other unanticipated events.
10. Intellectual Property Rights
10.1 General Intellectual Property Rights. The Publishers own the copyright, trademark and other intellectual property rights to the Site and the mark “A&AePortal”, subject to the rights, if any, of third parties in the individual Content. Rights in the Content may be held by the Publishers or other parties, including other book publishers or the original book authors. Further, the Content may include third party materials owned by third-party rights owners (i.e., individuals or organizations not affiliated with the Publishers) (“Third Party Content”). In some instances, the Publishers have secured permission from third-party rights owners to use content. In other instances, content may be in the public domain or used by the Publishers pursuant to the fair use doctrine (§107 of the U.S. Copyright Act) or education or library exceptions in the U.S. Copyright Act. The Publishers do not warrant that use of any Third Party Content displayed through the Site will not infringe the rights of third parties. Your use of the Site shall not impart any rights in you to the Content beyond those identified in Paragraph 4 of these Terms, unless otherwise expressly agreed. You will not remove any copyright, trademark, or other property notices from material found on the Site.
10.2 Trademarks. Neither the Publishers nor the Institutional Licensee may use the other's name or trademark, and Institutional Licensees and users may not use the name or trademarks of the above-noted entities in a way likely to cause confusion as to the origin of goods or services, or to endorse or show affiliation with the other, except as specifically approved. Notwithstanding the foregoing, the Publishers may use Institutional Licensees' names and/or the names of their libraries in brochures or other materials to identify multiple Institutional Licensees as users of the Site.
The Site uses software and other electronic tools ("Platform Software") designed to permit Publishers to store Content and Authorized Users to access, use, reproduce, display, and distribute Content. The Platform Software is owned by Librios LLC. Use of the Site is limited to the license granted herein. Institutional Licensees and users may not copy, distribute, modify, decompile, reverse engineer, circumvent, override or disable encryptions or other protections in, or create derivative works from the Platform Software.
12. Linking to Third Party Websites
The Site may provide links to other websites for the benefit or convenience of its users. The Publishers make no representation or warranty of any kind, express or implied, with respect to such websites and do not control or take responsibility for the content on such websites. The linking to such websites shall not constitute an endorsement of such websites.
13. Warranties and Disclaimers
13.1 EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, THE PUBLISHERS AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS (COLLECTIVELY “CONTENT PROVIDERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, ITS OPERATION, SOFTWARE, OR THE CONTENT, INFORMATION, PRODUCTS OR MATERIALS INCLUDED IN THE SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE CONTENT BY THE PUBLISHERS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PUBLISHERS AND ALL CONTENT PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, COMPATIBILITY, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR THE ABSENCE OF ERRORS OR OMISSIONS. THE PUBLISHERS AND ALL CONTENT PROVIDERS FURTHER MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER VIRUS.
13.2 THE PUBLISHERS AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTY WITH RESPECT TO ANY CLAIMS AND/OR THREATENED CLAIMS, INCLUDING INTELLECTUAL PROPERTY RIGHTS CLAIMS AND/OR THREATENED CLAIMS RELATING TO: LINKS BETWEEN THE SITE AND OTHER SITES AND/OR THE CONTENT ON SUCH LINKED SITES; ADAPTATIONS AND/OR MODIFICATIONS OF CONTENT; ANY AND ALL USES, REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS THAT EXCEED THE PERMITTED USES (WHETHER PERMITTED BY LAW OR OTHERWISE); AND/OR ANY USE(S), REPRODUCTIONS, DISPLAYS, AND DISTRIBUTIONS MADE OF CONTENT (PRINTED OR EXPORTED) AFTER THE EXPIRATION OR TERMINATION OF THIS AGREEMENT AND/OR THE APPLICABLE INSTITUTIONAL LICENSE AGREEMENT.
13.3 The Publishers and all Content Providers will not be liable for any damages of any kind arising from any User’s or Institutional Licensee’s use of or inability to use the Site, including but not limited to direct, indirect, incidental, punitive and consequential damages or costs (including attorney’s fees) unless otherwise specified in writing in these Terms. You expressly agree that you use the Site and any included Content, solely at your own risk.
13.4 B y using materials or content from the Site, you agree and warrant that your use will not violate the rights of the Publishers or any other person or entity. You agree to indemnify and hold the Publishers harmless from any and all liability and costs incurred in connection with any claim arising out of your breach of the foregoing representations and warranties or relating to your use of the Site and any included materials or content.
13.5 If the Site fails to operate in conformance with these Terms, Institutional Licensee will immediately notify Publisher, and Publishers’ sole obligation will be to repair the nonconformity.You agree to defend, indemnify and hold the Publishers, each of our parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Site or your placement or transmission of any message or information on this Site by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to the Publishers; or (vi) any other party’s access and use of the Site with your unique username, password or other appropriate security code.
13.6 Without limiting the disclaimer of warranties set forth in these Terms, in no event will the Publishers’ and all Content Providers’ liability to an Institutional Licensee or User exceed the fees paid to the Publishers by that User or Institutional Licensee for the term of the agreement then in effect.
14. Withdrawing Content from Site
The Publishers may withdraw Content from Site for good cause shown or for any reason at their discretion. The Publishers shall endeavor, to the extent practicable, to minimize any inconvenience to users caused by such withdrawal by, for example, seeking to withdraw Content only at the conclusion of an academic semester. However, should the Publishers be unable to avoid such inconvenience, the Publishers in no way will be held liable for the withdrawal of such Content from the Site. If the Publishers removal of Content renders the Site inadequate for your needs and you wish to contact us, please contact us at email@example.com
15. Digital Millennium Copyright Act (“DMCA”) Infringement Claim Policy
The Publishers respect the intellectual property of others, and require that users do the same. With respect to copyrighted material owned by third parties, the Publishers have obtained permission to use this content from the copyright owner or have proceeded with use under the fair use doctrine or other provisions of the U.S. Copyright Act. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, including in the Site’s Content or in UGC or that your intellectual property rights have been otherwise violated, please submit a notification of claimed infringement to our Copyright Agent with the following information: (i) identification of the copyrighted work that you claim has been infringed; (ii) identification of the material that you claim is infringing, as well as the URL where that material is located; (iii) your name, address, telephone number, and email address; (iv) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) a your physical or electronic signature.
The Publishers’ Copyright Agent can be reached as follows: Yale University Press, 302 Temple Street, New Haven, CT 06510 or at firstname.lastname@example.org
. Please note that attachments cannot be accepted at the above email address for security reasons and any emails with attachments will not be received or processed. The Publishers have adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of repeat infringers.
), available http://www.aaeportal.com/footer/policies
as it may be amended from time to time.
16.2 Feedback. As part of your use of Site, we may request feedback from Authorized Users regarding your experience with the Site. Except where the Publishers specifically request comments or submissions, the Publishers do not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by the Publishers’ professional staff seem to others to be similar to their own creative work. Accordingly, the Publishers request that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any suggestions or feedback, you agree not to assert any ownership right of any kind in those suggestions or feedback against the Publishers, waive the right to receive financial or other consideration in connection with such suggestions or feedback, and hereby grant the Publishers a nonexclusive, perpetual, worldwide, irrevocable license to use, disclose, reproduce, distribute, prepare derivative works of, publicly perform and publicly display such feedback or comments without attribution.
17. Force Majeure
Neither the Publishers 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 and 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 agreement with the other by giving written notice to the other party.
18. Governing Law
Any claim arising out of or relating to the use of this Site or its Content and any claim or dispute directly or indirectly arising out of or related to these Terms shall be governed and interpreted by the laws of the State of Connecticut without regard to conflict of law rules. User hereby consents to the exclusive jurisdiction of the state and federal courts of Connecticut for any dispute arising out of this Agreement. If any provision or provisions of these Terms will 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. If you are a United States public educational or government institution, those portions of these Terms 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. A waiver of any breach of these Terms will not be deemed a waiver of other breaches of these Terms.
19. Termination Policy
Use of the Site and the Content may be terminated for failure to comply with any provision of these Terms, or for any reason at the Publishers’ discretion. Users may terminate their participation in the Site by notifying the Publisher at email@example.com
or, if applicable, by complying with the relevant terms of an Institutional Participation Agreement. Upon termination, Authorized Users will immediately cease using and delete or destroy all electronic and paper copies of Site Content and the Authorized Users’ accounts will be terminated.