Welcome to Library Stack
2. All rights granted under this TOS are subject to compliance with the TOS in all material respects and may only be exercised for non-commercial personal, educational, or professional research use. Access to and use of the Service must further comply in all material respects with any usage guidelines posted by Library Stack or set forth in the agreement between Library Stack and the institution through which you obtain access to the Service (“Institution Agreement”).
1. Access to content or materials stored in Library Stack is available for “Authorized Users”, meaning: individuals who are affiliated with an Institutional Licensee, defined as an institution (such as a college, university, secondary school, public library, museum, foundation, agency, research center or corporate and for-profit organization) that maintains a valid operating contract with Library Stack. This includes, as applicable:
1. currently enrolled students (including distance education students);
2. on an ad hoc basis, researchers and lecturers affiliated and/or visiting under the terms of an agreement with the Institutional Licensee;
3. full and part-time staff;
4. on-site users physically present and authorized to be on the Institutional Licensee’s premises (“Walk-In Users”);
5. individuals who have entered into an agreement with Library Stack for access to specific Content on Library Stack
6. other users (institutional, corporate, or individual) of specified Content agreed upon in writing by or on behalf of Library Stack
Library Stack Content
Library Stack serves two types of content: Common Access and Commercial.
1. “Common Access” content includes a range of downloadable files that are available elsewhere online with various permissive licenses. Library Stack catalog records always indicate a title’s licensing permissions, as directed by its author or rights-holder. While any Common Access title may be downloaded without restriction, it is the User’s responsibility to abide by the title’s permissions in regards to how a User may copy, reproduce, modify, publish, upload, post, transmit, embed, “frame” on another site, sell, broadcast/podcast, or re-distribute it in any way.
Library Stack hosts its Common Access files on open digital archiving providers such as the Common Access Archive or Archive.org, so that the documents are both publicly accessible in perpetuity and reliably available for direct download for Library Stack users. Library Stack does not sell or otherwise profit from the archiving or library distribution of any Common Access content.
Catalog records will indicate the status of any files associated with the title. If the work is Common Access, then download links will appear on the card. If the work is Commercial, then access links will appear if the institution has purchased the title. If the work is only available offsite, then only offsite links will be available.
Permitted Uses of Common Access Content
Institutional Licensees and/or Authorized Users may search, view, reproduce, display, download, print, perform, and distribute Common Access contents for personal, educational, or research purposes, such as classroom presentations, academic assignments, or professional presentations in the art or academic fields. Any derivative uses of copyrighted works must be in compliance with the fair use provisions under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions of the copyright laws or other intellectual property right laws in the United States. Categorically, no Common Access content may be used to generate revenue, profit, or commercial gain in any way, for any subsidiary User, without prior direct arrangement from the rights holder (that is, not from Library Stack). Note again that “Common Access” is not singularly defined, and covers a wide range of permissions from a multitude of authors and publishers. Some titles may grant further permissions than those innumerated here; but others will not. Again: it is incumbent on the User to confirm. For works licensed with a Creative Commons license, please check the listed license against the most current iterations: https://creativecommons.org. If an item’s license appears differently at its source website or author’s own point of distribution than it does on Library Stack, the author’s or rights holder’s license shall have precendence over the license listed in Library Stack, and over this Terms of Service.
THIS NEEDS TO INCLUDE SOME VERSION OF THE CONTROLLED EREADER AGREEMENT
Permitted Uses of Commercial Content
1. Library Stack grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view materials within the Library Stack Service.
2. To the extent that Library Stack provides access to any online software, applications or other similar components, then Library Stack grants a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in the form within the online platform provided by Library Stack.
3. Should Library Stack make available any mobile apps for access to and use of certain components of the Service (collectively, “Library Stack Mobile Apps”), then access to and use of said Mobile Apps will be subject to the applicable end user license agreement for each app.
Prohibitions on Common Access content
Institutional Licensees and/or Authorized Users of Common Access content are BOUND BY THE LICENSE RESTRICTIONS OF EACH INDIVIDUAL TITLE, and must confirm any use beyond those granted with the author or rights-holder. Any prohibitions that would be listed here would be superseded by those of the individual license. Many of these objects were made in an informal spirit of ‘open-access’ with few specific prohibitions beyond express non-commerciality. If your intended use is not expressly prohibited BY THE LICENSE TERMS LISTED ON THE CARD RECORD, it is likely not prohibited. Concerns about grey-areas should be taken up with the original rights-holder.
Prohibitions on Commercial content
Institutional Licensees and/or Authorized Users of Commercial content may not: redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Content. All Commercial works licensed through Library Stack carry with them the original end-user license agreement provided by the publisher; those documents are also embedded in the Library Stack card record for the given title. Commercial content is provided for personal, non-commercial, entertainment or research use and not for any redistribution, synchronization, commercial activity or promotional use. User agrees not to infringe the rights of the copyright owners and to comply with all applicable laws in User’s use of the Content.
Prohibitions on the Library Stack Website / Platform
Institutional Licensees and/or Authorized Users of the Library Stack website may not:
1. attempt to override, circumvent, or disable any encryption features or software protections employed in the Library Stack website;
2. undertake any activity such as the use of computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators that may interfere with, disrupt or otherwise burden the Library Stack server(s) or any third-party server(s) being used or accessed in connection with Library Stack; or
3. undertake coordinated or systematic activity between or among two or more individuals and/or entities that, in the aggregate, constitutes downloading and/or distributing a significant portion of the Content; or
4. reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with Library Stack;
5. frame or utilize any framing technique to enclose any Content;
6. access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to Library Stack or any products or services offered Library Stack;
7. rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or
8. remove or obscure any proprietary notice that appears within the Service.
Institutional Licensees and Authorized Users shall notify Library Stack of any such unpermitted use of which they learn or are notified, including but not limited to any known or suspected unauthorized use(s) of an individual or institutional account or unauthorized use of Library Stack, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a username, password, and/or IP address, and shall work cooperatively with Library Stack to resolve problems of unpermitted use.
In the event of violation of these Terms and Conditions of Use by an Authorized User,
1. Library Stack may suspend or terminate, or, where practicable, request that Institutional Licensee suspend or terminate, such Authorized User’s access to the Licensed Content;
2. Library Stack 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
3. Library Stack may request Institutional Licensee to consider the imposition of further reasonable restrictions on access to, and downloading and printing from, the Library Stack Platform. Library Stack 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.
Users may browse Library Stack’s Common Access holdings without registering, but Commercial content will not be accessible without registration. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Library Stack reasonably suspects that you have done so, Library Stack may suspend or terminate your account.
1. To view any Commercial content within Library Stack, you must be an authorized user pursuant to an applicable Institution Agreement, and you must register to use the Service or access the Service through an authentication proxy provided by your institution.
2. You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Library Stack immediately of any unauthorized use of your account or password or any other similar breach of security. (firstname.lastname@example.org)
Modifications to the Service
Library Stack reserves the right at any time to modify or discontinue the Service (or any portion thereof) with or without notice, and Library Stack shall not be liable to you for any such modification or discontinuance.
Removal of Content
1. DMCA or Author Request
If you believe that Common Access content found in Library Stack is placed there outside of its licensed permissions, and you are the rights-holder for that title (or those titles), please send a written notice to Library Stack’s office at 770 Chapel St., New Haven, CT 06510, or an email to email@example.com. 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 Library Stack 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 Library Stack learns of such a claim from another source, Library Stack may remove such content pending the resolution of such claim.
2. Library Stack removal
Library Stack may itself withdraw Content from Library Stack for good cause shown. Library Stack would endeavor, to the extent practicable, to minimize any inconvenience to Authorized Users caused by such withdrawal. However, should Library Stack be unable to avoid such inconvenience, Library Stack in no way will be held liable for the withdrawal of such Content from the Library Stack Platform. If Library Stack withdraws a material amount of Content, Institutional Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for the Agreement then in effect or (b) terminate its agreement without penalty by providing written notice to Library Stack.
Hardware and Software
Institutional Licensees understand and agree that Internet browser software is required to access the Library Stack Website and Institutional Licensees and/or Authorized Users are responsible for providing and maintaining any hardware and Internet access necessary to provide access to the Library Stack Website and any and all costs associated therewith. The Hardware and Software Requirements may be updated by Library Stack from time to time consistent with evolving industry standards, sets forth hardware platforms and browsing software required and/or recommended for accessing the Library Stack Website.
1. Institutional Licensee agrees to indemnify Library Stack against any damage arising from breach of the Participation Agreement or the Terms and Conditions of Use to the extent allowed by applicable law (including but not limited to laws which limit liability for public educational or government institutions), it being understood that only individual Authorized Users shall be held responsible, and shall indemnify and hold Library Stack harmless from any and all liability and costs incurred, for any violations by them of the Terms and Conditions of Use.
2. More broadly, Library Stack will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold Library Stack liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the Library Stack Platform or 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 Library Stack Platform or Content in violation of these Terms and Conditions of Use. If the Library Stack Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify Library Stack, and Library Stack’s sole obligation will be to repair the nonconformity. In no event will Library Stack liability to an Institutional Licensee exceed the fees paid to Library Stack by that Institutional Licensee for the term of the agreement then in effect.
3. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION, THE LIBRARY STACK PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AND LIBRARY STACK AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO LIBRARY STACK, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. LIBRARY STACK AND ALL CONTENT PROVIDERS 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 PROGRAM, EXCEPT THAT LIBRARY STACK WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. LIBRARY STACK AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH LIBRARY STACK.
4. Force Majeure: Neither Library Stack 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, storms, earthquakes, 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.
1. In the event that you violate the TOS, all rights granted to you under the TOS shall terminate immediately, with or without notice to you. To the extent that your access to the Service arises from an Institution Agreement, such access shall terminate upon termination of the applicable Institution Agreement.
2. Upon termination of the TOS or any Subscription for any reason: (i) Library Stack, in its sole discretion, may remove and discard Your Content; and (ii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS or any Subscription shall survive such expiration or termination.
1. These Terms and Conditions of Use are, where applicable, subject to and incorporated by reference into Institutional Licensees’ Institutional Participation Agreements. In the event of any conflict between these Terms and Conditions of Use and the Institutional Participation Agreement applicable to an Institutional Licensee and/or Authorized User, the Institutional Participation Agreement will prevail.
2. These Terms and Conditions of Use will be interpreted and construed according to United States Federal law, excluding any such laws or conventions that might direct the application of the laws of another jurisdiction, and venue will lie exclusively in the federal and state courts of the United States, excluding any such laws to the contrary.
3. If you are a United States public educational or government institution, those portions of this Agreement 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.
4. If any provision or provisions of these Terms and Conditions of Use 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. A waiver of any breach of these Terms and Conditions of Use will not be deemed a waiver of other breaches of these Terms and Conditions of Use.
5. In the interest of managing the evolving needs of Institutional Licensees, Authorized Users, and Content providers, Library Stack reserves the right to modify these Terms and Conditions, or any aspect of Library Stack, at any time. The most updated these Terms and Conditions of Use will be posted on the Library Stack website. Library Stack 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 Library Stack within 60 (sixty) days from the time Library Stack emails notice of the modification. In the event of such an objection, the Institutional Licensee will have the right to terminate the Agreement on 30 (thirty) days written notice.
(b) International: The Service may be hosted or operated in countries other than the country in which you reside. Those countries may have different data protection laws and regulations from those that apply in your home country. By accessing or using the Service, you consent to the transfer, storage and processing of your information outside of your home country. Please be aware that the governments, courts, and law enforcement, security or regulatory agencies of a particular country may be able to obtain access to or disclosure of your information as permitted by the laws of that country.
2. HOW WE COLLECT AND USE INFORMATION
(a) Information That You Provide Directly: We may ask for certain information such as your name, institution name, email address, password and other information. We may retain any messages you send through the Service, and we may also retain other information you voluntarily provide to us. We use this information to operate, maintain and provide to you the features and functionality of the Service, and as further described below.
(b) Information Collected or Received from Third Parties: We may receive information about you from third parties. You should always review and, if necessary, adjust your privacy settings on third-party services before linking or connecting them to the Service. We may also collect information about you from our third-party business associates, publicly-available sources and our affiliates.
(d) Cookies: When you visit the Service, we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer that uniquely identify your browser and enhance your navigation on the Service. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take), and allow us or our third-party business associates to track your usage of the Service. There are at least two different types of cookies: persistent and session cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser’s directions for removal of cookies. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to notify you when a cookie is being sent. However, some features of the Service may not function properly if cookies are disabled.
(e) Log File: Log file information is automatically reported by your browser each time you access a web page. When you access or use the Service, our servers may automatically record certain log file information, such as your web request, internet protocol (IP) address, browser type, referring/exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, and pages viewed.
(f) Clear GIFs/Web Beacons: Clear GIFs (also known as web beacons) allow for the tracking of a user’s response to an email or usage of a website in a manner that does not reveal personally identifiable information. We may use clear GIFs or similar technologies to assess responses to emails and usage of the Service. For example, we may use clear GIFs to track when emails are opened and which links are clicked by recipients. You can disable the ability of clear GIFs to capture information by blocking cookies.
(g) Device Identifiers: When you access or use the Service using a mobile device, we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your device that uniquely identify your device. A device identifier may consist of data stored in connection with the device hardware, operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device to enhance your navigation on the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
(h) Location Data: When you access or use the Service, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your device. Location data may convey to us information about how you browse and use the Service. Some features of the site, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
(i) Commercial Communications: We may use the information we collect or receive to communicate directly with you. For example, we may use the information to send you emails containing newsletters, promotions and special offers regarding the Service. We may also use the information to send you service-related notices (e.g., account verification, technical and security notices).
(j) Use of Certain Service-Type Information: We may use information from cookies, log files, device identifiers, location data and clear GIFs to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (ii) provide custom, personalized content or information; (iii) monitor the effectiveness of the Service; (iv) monitor aggregate metrics, such as total number of visitors, traffic and demographic patterns; (v) diagnose or fix technology problems; (vi) provide advertising to your browser or device; and (vii) conduct research or surveys.
(k) Use of Information with Your Consent: We may use your information for any other purpose for which you provide consent.
3. HOW WE MAY SHARE YOUR INFORMATION
(b) Business Change: If we become involved in a merger, consolidation, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution or other transaction, or if the ownership of all or substantially all of our business otherwise changes, we may share or transfer your information to a third party or parties in connection with such transaction or change in ownership.
(d) Sharing Information: We may share certain service-type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear GIFs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks) with our third-party business associates for the purposes described in the section titled “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and share that aggregated, anonymized data with third parties.
4. HOW WE PROTECT YOUR INFORMATION
We take physical, technological and administrative measures to protect the information you provide through the Service against loss, theft, and unauthorized access, use, disclosure or modification. However, we cannot ensure or warrant the security of any information you transmit to us or guarantee that information on the Service will not be accessed, disclosed, altered or destroyed. Communications sent to or from the Service may not be secure. You should use caution whenever submitting information online and take special care in deciding what information you send to us via email.
5. YOUR CHOICES ABOUT YOUR INFORMATION
(a) Controlling Your Settings: You can limit your browser or mobile device from providing certain information by adjusting the settings in the browser, operating system or device. Please consult the documentation for the applicable browser, operating system or device for the controls available to you. You can also stop receiving promotional emails from us by following the unsubscribe instructions in those emails. Note that unsubscribe is not available for certain emails concerning your relationship or dealings with us.
(b) Do Not Track: At this time, we do not recognize “do not track” signals sent from web browsers. Third-party services that we use may collect personal information about individual users and their activities over time and across different websites. In some cases, you may be able to disable tracking mechanisms, but doing so may disable certain features of the Service. To disable tracking, please consult the documentation for your browser, operating system or mobile device. For some devices, it may not be possible to disable tracking mechanisms.
6. HOW LONG WE KEEP YOUR INFORMATION
7. CHILDREN’S PRIVACY
The Service is not directed to children and is intended for use by adults only. We do not knowingly collect personal information from individuals under 13 years of age. If you are under the age of 13, please do not submit any personal information through the Service.
8. THIRD-PARTY SERVICES AND SERVICES
9. YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Section 1798.83, if you are a California resident and your business relationship with us is primarily for personal, family or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org with “Request for California Privacy Information” in the subject line. You may make such a request up to once per calendar year. If applicable, we will provide to you via email a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately-preceding calendar year, along with the third parties’ names and addresses. Please note that not all personal information sharing is covered by Section 1798.83’s requirements.
We may update this policy from time to time, and the updated version of this policy will be effective upon posting. Please check this page to review the most up-to-date version of this policy. By continuing to use the Service after an updated version has been posted, you agree that the new policy will apply to you.