1. Limited License. ARTMargins consists of an electronic journal (www.artmargins.com) containing Content. “Content” includes all articles, front matter, back matter, images, indexing, and other texts, graphics, and all other materials incorporated into ARTMargins. ARTMargins, hereby grants you a personal, limited, nonexclusive worldwide license to access and use ARTMargins, and to use, display, distribute, and reproduce the Content, solely in accordance with these Terms of Use (the “Terms”), provided, however, that you may not charge for the Content or use the Content for any commercial purposes except with the prior written permission of both ARTMargins and any and all copyright holders thereof (other than as permitted by the U.S. Copyright Act, including section 107, the fair use doctrine, or other applicable law), and provided, further, that you may use the Content for one-time, limited-term, nonprofit educational use in course packs or closed-access academic course Intranet websites.
2. Attribution and Copyright Notices. You agree (a) that any publication or other reuse by you of any Content must be attributed to both the author(s) thereof and to ARTMargins and (b) not to modify, obscure, or remove any copyright notice or other attribution included in ARTMargins, and not to authorize others to do so.
3. Maintaining Security of ARTMargins. You are responsible for maintaining the confidentiality and security of your username and/or password (if such are provided), and, if you are a ARTMargins member, your ARTMargins Member ID, and for all usage or activity by you of ARTMargins, and you hereby agree not to share your password with, or provide access to ARTMargins to anyone else (other than as you may be expressly instructed by your institution). You may not set up an anonymous remailer for purposes of allowing access to ARTMargins.
4. Violations of these Terms of Use. You shall promptly notify ARTMargins (if you are an individual ARTMargins member) and/or the institution with which you are affiliated or whose facilities you are using (if you are accessing ARTMargins through your institution’s agreement with ARTMargins), of any known or suspected unauthorized use(s) of your account or ARTMargins, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your username, password, ARTMargins Member ID and/or IP address. Any use of ARTMargins beyond the scope or in violation of these Terms of Use; knowing use of any password or username of another; or any unauthorized, fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, or termination of access to ARTMargins from your IP address, without notice and at ARTMargins‘ sole discretion. If you are accessing ARTMargins through your institution, any such unauthorized use or violation by you may result in ARTMargins notifying your institution and requesting that it terminate your access to ARTMargins.
5. Defense of Claims. In the event that any claim or threatened claim is asserted against you in connection with your use of ARTMargins or any Content (e.g., for copyright infringement), you agree to immediately notify ARTMargins and to reasonably cooperate in the defense of such a claim or threatened claim as required by ARTMargins. ARTMargins reserves the right (but not the obligation), at its own expense, to assume the exclusive defense and control of any such matter, subject to indemnification by you if it is the result of your unauthorized use or breach of the Terms of Use. Except as set forth in this section 5, ARTMargins shall have no liability or responsibility to you with respect to your use of any Content.
6. Disclaimers. ARTMargins does not warrant that ARTMargins will be delivered or be available without any delays, inaccuracies, errors or omissions and ARTMargins will not be liable therefore, including, but not limited to, any damages arising from any of the foregoing. ARTMargins does not represent or endorse the accuracy or reliability of any of the content of ARTMargins.
ARTMargins IS PROVIDED ON AN “AS IS” BASIS, AND ATMARGINS, ON BEHALF OF ANY AND ALL THIRD-PARTY PROVIDERS AND/OR LICENSORS (“CONTENT PROVIDERS”), DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO ARTMargins OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CAA MAKES 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 ARTMargins WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. ARTMargins, ON BEHALF OF ALL CONTENT PROVIDERS, FURTHER DISCLAIMS ANY LIABILITY AND MAKES NO WARRANTIES WITH RESPECT TO ANY ERRORS OR OMISSIONS IN ARTMargins. REVIEWS, LIABILITY UNDER LIBEL LAWS, INFRINGEMENT OF RIGHTS OF COPYRIGHT, PUBLICITY AND PRIVACY, MORAL RIGHTS, AND/OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION, AND FURTHER DISCLAIMS ANY LIABILITY AND MAKES NO WARRANTY WITH RESPECT TO ANY CLAIMS AND/OR THREATENED CLAIMS (INCLUDING INTELLECTUAL PROPERTY RIGHTS CLAIMS AND/OR THREATENED CLAIMS) RELATING TO LINKS BETWEEN ARTMargins AND OTHER SITES AND/OR THE CONTENT ON SUCH LINKED SITES; USES, DISPLAYS, PERFORMANCES, REPRODUCTIONS, AND DISTRIBUTIONS MADE OUTSIDE OF THE UNITED STATES OF AMERICA OF ARTMargins; ADAPTATIONS AND/OR MODIFICATIONS OF ANY CONTENT OF ARTMargins; ANY AND ALL USES, REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS THAT EXCEED USES PERMITTED BY THESE TERMS OF USE (WHETHER PERMITTED BY LAW OR OTHERWISE) AND/OR ANY USE(S), REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS MADE OF THE CONTENTS OF CAA.REVIEWS (PRINTED OR EXPORTED) AFTER THE EXPIRATION OR TERMINATION OF THESE TERMS.
7. General.
a) These Terms of Use constitute the entire agreement between you and ARTMargins and supersede all prior communications, understandings and agreements relating to the subject matter of these Terms, whether oral or written.
b) The invalidity or unenforceability of any provision of these Terms of Use shall not affect the continuation or enforceability of the remainder of these Terms.
c) Either party’s waiver, or failure to require performance by the other, of any provision of these Terms of Use will not affect its full right to require such performance at any subsequent time, or be taken or held to be a waiver of the provision itself.
d) These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. The parties irrevocably agree that any dispute arising out of or in connection with these Terms of Use will be subject to the exclusive jurisdiction of the state and federal courts of the County of New York, New York and each expressly waives any objection to the exercise of jurisdiction by such courts.
8. Amendment. From time-to-time and in its sole discretion, ARTMargins may change these Terms of Use. ARTMargins will endeavor to provide you with notice of any such amendment. Your use of ARTMargins thereafter constitutes your agreement to the amendment. The most updated Terms of Use will be posted on the ARTMargins website.
9. Copyright Notices. Should you believe that any Content violates your copyright, please send a written notice to ARTMargins, directed to:
Removal Request
Attn. The Managing Editor
ARTMargins
Comparative Literature Program
The University of California, Santa Barbara
Santa Barbara, CA 93106
If you wish ARTMargins to remove any such Content, please document that you are the copyright owner and that you wish to have the Content removed from ARTMargins.
