Terms of Service

Welcome to Library Stack
This website is owned and operated by Library Stack, LLC (“Library Stack” or “Library Stack Website” or “Library Stack Platform” or the “Platform”). Library Stack is a bibliographic database and file archive for long-term preservation and access to both openly circulating digital objects and commercially controlled contents. Using or accessing any of these materials on Library Stack, including registering an individual account, implies consent to be bound by the following Terms of Service (“TOS”) agreement. PLEASE REVIEW THIS AGREEMENT VERY CAREFULLY. Library Stack may, at its discretion, update this TOS at any time. You can access and review the most current version of the TOS at: librarystack.org/terms-of-service.

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”).

Authorized Users
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, public library, museum, foundation, agency, or research center) 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.
2. “Commercial” content refers to controlled digital contents that have been exclusively licensed to Library Stack by their publishers (or to content Library Stack has itself produced) for sales and lending in library settings. Library Stack brokers the sales of these contents and acts as their serving platform. Lending of any commercial content will require individual user registration with Library Stack. Users will need to provide an email address and password for account management, in addition to acceding to these Terms of Use.

Library Stack hosts its Common Access files through the open digital archiving provider Common Access Archive. All Common Access 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 distribution of any Common Access content.

Catalog records will indicate the status of any files associated with a given 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 appear.

Using 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. 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 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). 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 terms of the license as listed on the card, it is likely not prohibited. Concerns about grey-areas should be taken up with the original rights-holder. PLEASE NOTE: “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 enumerated here; 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 precedence over the license listed in Library Stack, and over this Terms of Service.

Using Commercial Content
Library Stack stewards the commercial projects of other publishers in its serving capacity, and has established basic guidelines for interacting with the commercial files on its system. For any Commercial digital content made available on Library Stack, Institutional Licensees and/or Authorized Users agree to the following terms of use:
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. Authorized Users may not copy, download, print, scrape, store, publish, transmit, re-transmit, duplicate, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Content, or any portion of the Content, in any form or by any means; nor may any commercial contents be reverse-engineered, decompiled, disassembled or modified except (i) as expressly permitted by this Agreement, (ii) with Title(s) rights holder’s prior written permission, or (iii) as permitted under the fair use provision of the Copyright Act (17 U.S.C.A. § 107) [http://www.copyright.gov/title17/92chap1.html]
3. All Commercial works licensed through Library Stack carry with them the original end-user license agreement provided by the publisher. 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.
4. 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.

Using 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 un-permitted 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 un-permitted 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.

User Registration
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 and current information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and update the Registration Data to keep it true, accurate and current. If you provide any information that is untrue, inaccurate, or not current, or Library Stack reasonably suspects that you have done so, Library Stack may suspend or terminate your account.
To view any Commercial content within Library Stack, you must be an authorized user pursuant to an applicable Institutional Agreement, and you must register to use the Service or access the Service through an authentication proxy provided by your institution.
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 at: <admin@librarystack.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 titles), please send a written notice to Library Stack’s office at 770 Chapel St., New Haven, CT 06510, or an email to <admin@librarystack.org>. Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (i) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the infringing material and information that will permit Library Stack to locate the material; (iv) information that will permit us to contact you, including an address, telephone number, and email address; (v) 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 (vi) 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’s database for any reason. 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 will in no way be held liable for the withdrawal of such Content from the Library Stack Platform.

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, including hardware platforms and browsing software that may be required and/or recommended for accessing the Library Stack Website.

Indemnification
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. Library Stack shall have no liability whatsoever to unaffiliated public users. 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, LIBRARY STACK’S PLATFORM, CONTENT, AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AND LIBRARY STACK AND ANY AND/OR 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.

Termination
1. In the event that you violate the Terms of Service, all rights granted to you under the Terms of Service 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 Terms of Service 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 Terms of Service or any Subscription shall survive such expiration or termination.

General
1. These Terms of Service are, where applicable, subject to and incorporated by reference into Institutional Licensees’ Institutional Participation Agreements. In the event of any conflict between these Terms of Service and the Institutional Participation Agreement applicable to an Institutional Licensee and/or Authorized User, the Institutional Participation Agreement will prevail.
2. These Terms of Service 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 of Service 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.

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