Subscriptions: Terms and Conditions

Subscriptions to the
Journal of the Warburg and Courtauld Institutes:
Terms and Conditions

Key Definitions

Agent – A third party appointed from time to time by the Subscriber to act on the Subscriber’s behalf, who may undertake any or all of the obligations of the Subscriber under these Terms and Conditions, as agreed between the Subscriber and the Agent.

Authorised Users – Full and part time employees, staff, independent contractors and students affiliated with the Subscriber at the Location and persons with legal access to the library using valid Internet Protocol (IP) addresses supplied to IngentaConnect after authentication of Subscriber by Publisher.

Commercial Use – Use of the Subscribed Material for the purposes of monetary reward (whether by or for the Subscriber or Authorised User) by the means of sale, resale, loan, transfer, hire or other forms of exploitation.

Course Packs – A collection or compilation of materials (e.g., book chapters, journal articles) assembled by members of staff of the Subscriber for use by students in a class for the purpose of instruction.

Fee – The subscription fee payable by the Subscriber for the Subscribed Material.

IngentaConnect – A third party server/host company designated by the Publisher on which the Subscribed Material is mounted in electronic form and may be accessed. Currently the website address for such access is: http://www.ingentaconnect.com/content/warburg/jwci

Location – A localised site on one geographic location that is under a single administration and may be academic or non-academic. For organisations located in more than one city, each city is considered to be a different Location. For organisations which have multiple locations in the same city administered independently, each site is considered to be a different Location.

Online Access – Electronic access to the Subscribed Material through IngentaConnect.

Publisher – The Warburg Institute, University of London.

Secure Network – A network (whether a standalone network or a virtual network within the internet) which is only accessible to Authorised Users approved by the Subscriber whose identity is authenticated at the time of login and periodically thereafter consistent with current best practice, and whose conduct is subject to regulation by the Subscriber.

Subscribed Material – The electronic and/or print versions of the Publisher’s journal to which the Subscriber has a fully paid subscription.

Subscriber – The individual or single-site organisation which purchases a subscription to the electronic and/or print versions of the Journal of the Warburg and Courtauld Institutes.

Agreement

1.1       The Publisher agrees to grant to the Subscriber non-exclusive and non-transferable access to the Subscribed Material, in accordance with these Terms and Conditions.

1.2       The Publisher also hereby grants to the Subscriber non-exclusive, non-transferable, royalty free, use of the Subscribed Material. Such use by the Subscriber shall be in accordance with the provisions of these Terms and Conditions. The means by which the Subscriber shall have Online Access to such Subscribed Material shall be in electronic form only and through IngentaConnect.

1.3       The Publisher holds the copyright for all works published in the Subscribed Material, as a compilation and the individual articles collectively and individually, unless otherwise expressly noted.

1.4       Neither the Subscriber nor any Authorised User shall claim ownership of the Subscribed Material, or any other intellectual property rights in the Subscribed Material, by reason of their use of or access to the Subscribed Material, nor make any Commercial Use of the Subscribed Material.

1.5       The Publisher reserves the right at any time to withdraw from the Subscribed Material any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.

1.6       The Publisher shall provide continuing Online Access to the Subscriber to the Subscribed Material except where termination is due to breach of these Terms and Conditions.

Permitted Uses

All use of the Subscribed Material is subject to all applicable copyright laws and fair use conventions, and reproduction of any portion of the Subscribed Material is permitted as follows:

2.1       Downloading, printing or saving of the Subscribed Material for personal use such as for the purpose of research, teaching and/or private study by the Authorised User is permissible. No Commercial Use of any part of the Subscribed Material is permitted without the prior, express written permission of the Publisher. Systematic downloading is forbidden as is the creation of derivative works from the Subscribed Material.

2.2       Course packs. Where the Subscriber is an institution, rather than a private individual, the Subscriber and Authorised Users may (subject to clause 3, Prohibited Uses) incorporate parts of the Subscribed Material in printed Course Packs for educational materials for Authorised Users. Each article must carry acknowledgement of the source, title, author and publisher. Such copies must only be used for teaching purposes within the Institution and no charge should be made for these. Copies of such items shall be destroyed by the Subscriber when they are no longer required for such purpose.

2.3       Interlibrary loans. The Subscriber may (subject to clause 3), supply to an Authorised User of another library within the same country as the Subscriber (whether by post or fax or secure transmission, using Ariel Transmission or its equivalent, whereby the electronic file is deleted immediately after printing), for the purpose of research or private study and not for Commercial Use, a single paper copy of an electronic original of an individual document being part of the Subscribed Material.

Prohibited Uses

Neither the Subscriber nor Authorised Users may:

3.1       Remove or alter the authors’ names or the Publisher’s copyright notices or other means of identification or disclaimers as they appear in the Subscribed Material.

3.2       Systematically make print or electronic copies of multiple extracts of the Subscribed Material for any purpose other than back-up copies as are reasonably necessary.

3.3       Mount or distribute any part of the Subscribed Material on any electronic network, including without limitation the Internet and the World Wide Web, other than the Secure Network.

Written permission from the Publisher must be obtained in order to:

3.4       Use all or any part of the Subscribed Material for any Commercial Use.

3.5       Systematically distribute the whole or any part of the Subscribed Material to anyone other than Authorised Users.

3.6       Publish, distribute or make available the Subscribed Material, works based on the Subscribed Material or works which combine them with any other material, other than as permitted in these Terms and Conditions.

3.7       Alter, abridge, adapt or modify the Subscribed Material (including translation, recompilation to form derivative works and publication in any other format), except to the extent necessary to make them perceptible on a computer screen to Authorised Users. For the avoidance of doubt, no alteration of the words or their order is permitted.

Subscriber’s obligations

The Subscriber agrees that it:

4.1       Will use reasonable endeavours to ensure that all Authorised Users are appropriately notified of the importance of respecting the intellectual property rights in the Subscribed Material and of the sanctions which the Subscriber imposes for failing to do so.

4.2       Will undertake all necessary authentication and verification processes to ensure that only Authorised Users can access the Subscribed Material, and is responsible for creating and maintaining reasonable security measures and posting policies consistent with the rights and restrictions described in these Terms and Conditions.

4.3       Will use reasonable endeavours to monitor compliance and immediately upon becoming aware of any unauthorised use or other breach, inform the Publisher and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence. If the specific abuser(s) cannot be identified or stopped, the Publisher has the right to withhold, suspend or terminate Online Access to all or any portion of the Subscribed Material without liability.

4.4       Is prohibited from making agreements for Online Access to the Subscribed Material with individuals, organisations, vendors, affiliates or partners which are not departments of the Subscriber. The Subscriber affirms that all Internet Protocol (IP) addresses in the range listed for authorisation are specifically controlled by the Subscriber for workstations under its administrative control and for the use of Authorised Users. The Subscriber is responsible for maintaining the list of IP addresses of all Authorised Users.

4.5       Will not knowingly permit anyone other than Authorised Users to use the Subscribed Material.

4.6       Will not make any Commercial Use of the Subscribed Material.

4.7       Will make claims for non-receipt of print version within 90 days of payment of the Subscription Fee. Any claim outside of this period will not be fulfilled.

Technical access

5.1       The Publisher is currently using a third party service (IngentaConnect) to provide electronic Online Access to its Subscribed Material. The Publisher accepts no responsibility for any defect, failure in or non availability of the service.

5.2       All technical questions regarding online access should be directed to IngentaConnect in the first instance.

General

6.1       The Publisher reserves the right to vary these Terms and Conditions from time to time. Such changes shall be posted on the Publisher’s website. Changes made in this manner shall be deemed to have been accepted by users who download, store or print any document after a period of 14 days following the day the changes have been posted on the Publisher’s website.

6.2       Neither party’s delay or failure to perform any provision of these Terms and Conditions, as a result of circumstances beyond its control (including, without limitation, war, strikes, floods, fire, government restrictions, power, telecommunications or Internet failures, or damage to or destruction of any network facilities) shall be deemed to be, or give rise to, a breach of these Terms and Conditions.

6.3       The Publisher may assign or transfer any of its rights and obligations under these Terms and Conditions, upon written notice.

6.4       These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom. Both parties agree to submit to the non-exclusive jurisdiction of the United Kingdom Courts.

6.5       In downloading a document, the Subscriber agrees to abide by these Terms and Conditions.

Warranty and liability

7.1       While the Publisher seeks to ensure the accuracy of content posted online, the Publisher does not warrant or guarantee its accuracy, completeness, merchantability or fitness for a particular purpose.

7.2       To the fullest extent permitted by law and other than expressly provided for herein, in no circumstances is the Publisher liable to the Subscriber for any indirect of consequential losses or expenses, however caused, including, without limitation, loss of anticipated profits or savings, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.

Indemnities

8.1       The Publisher shall indemnify and hold harmless for any losses, claims, damages, awards, penalties or injuries incurred, including reasonable legal fees which arise from any claim by any third party of an alleged infringement of copyright arising out of the authorised use of the Subscribed Material by Subscriber or any Authorised User. No limitation of liability set forth elsewhere in these Terms and Conditions is applicable to this indemnification.