Terms and Conditions of Use

Welcome to the JSTOR digital library and platform located at jstor.org (“JSTOR”). Your use of JSTOR (together referred to as the “Services” or “ITHAKA”, the entity offering the Services) is subject to the following Terms and Conditions of Use (“T&C”).

These T&C also apply to institutions that license access to Services, including colleges, universities, secondary schools, public libraries, museums, foundations, government agencies, research centers, corporate/for-profit organizations and scholarly societies ( “Institutional Licensee”) or a consortium representing designated Institutional Licensees ( “Consortia Licensee”).  Institutional Licensees and Consortia Licensees may have variations of these T&C in their license agreement, which will supersede any difference in these T&C. If you have any questions about your Institutional Licensee’s license agreement please contact your librarian.

1. Who can use JSTOR?
2. What’s in JSTOR?
3. What can I do with Content?
4. What use of JSTOR and its Content is prohibited?
5. How does JSTOR ensure ongoing access to Content?
6. What are my responsibilities to JSTOR?
7. What level of service does JSTOR provide?
8. What intellectual property rights apply?
9. To what extent is JSTOR responsible for its platform and the Content?
10. How does JSTOR protect my personal information?
11. What other legal terms apply?

1. 1 Who can use JSTOR?

   Our “Authorized Users” are:

   1. People with access through an Institutional Licensee. This includes i) walk-in users (people allowed to access the Services while on site at an Institutional Licensee) and ii) the following remote users:
      • current students
      • affiliated researchers and lecturers
      • staff, including faculty, librarians, and administrators
      • patrons of a public library or museum that has licensed remote access when JSTOR is able to offer this option
      • members of a scholarly society
      • alumni with a degree from an Institutional Licensee if that Institutional Licensee has added alumni to their license. Access will be for the content JSTOR includes in the alumni access license.
      • people who, on behalf of an Institutional Licensee, add Shared Collections (defined below) or use software tools provided by JSTOR, such as the JSTOR software for building, cataloging, and publishing content collections (“JSTOR Software”).
   2. People who directly access the Services. This includes people who:
      • register for a free, individual account that provides access to a limited number of available read-only JSTOR Collection Content items (defined below) for fixed periods of time (“Read Only Users”);
      • subscribe to our JPASS service, which provides unlimited read-only access to certain JSTOR Collection Content (defined below) and a limited number of downloaded content items per month (“JPASS Users”);
      • use ITHAKA’s Constellate service as described in Section 3 below;
      • use a JSTOR-provided option to purchase an individual content item from a publisher; and/or
      • access openly available content on JSTOR, including Early Journal Content, the Open JSTOR Collection, and relevant parts of Shared Collection (defined in Section 3 below). (“Open Content Users”).

2. 2 What’s in JSTOR?

   ITHAKA offers many types of scholarly content (collectively referred to as “Content”), including the following:

   1. JSTOR Collection: The following content selected by JSTOR’s editors to be included in JSTOR, with access limited to Authorized Users who have a license to view this. The parts of the JSTOR Collection that you have a license to access are referred to as “JSTOR Licensed Content”:
      • “Books”: electronic books in whole or in part, such as book chapters.
      • “JSTOR Archive Collections Content”: journal volumes and issues.
      • “Primary Source Materials”: World Heritage Sites: Africa; Struggles for Freedom: Southern Africa; 19th Century British Pamphlets; and Global Plants collections; and any other primary source materials curated by JSTOR.
   2. Open JSTOR Collection: JSTOR editors have selected the following content to include in an open model, where access is available to any Authorized Users who agree to these Terms and Conditions of Use:
      •  “Early Journal Content”: journal content published prior to the last ninety-five years in the United States or prior to the last one hundred forty-three years if initially published internationally. For example, this means that in 2023, Early Journal Content will include content published prior to 1928 in the United States and prior to 1880 internationally.
      •  “Open Access Content”: books, journals, primary source materials, as well as grey literature, including but not limited to research reports, white papers, working papers, policy papers, government documents, and newsletters.
      •  “Reveal Digital Content”: collections curated by Reveal Digital editors consisting of periodicals, newspapers, and other historical materials for which JSTOR has obtained rightsholders permission and/or which is being made available in reliance on fair use and/or other provisions of the United States copyright or other laws.
   3. Artstor Collection and Open Artstor Collection: The following collections consisting of image-based material selected by Artstor editors to include on the JSTOR Platform (“Artstor Content”).
      • “Artstor Collection”: Artstor Content that is made available to Authorized Users of Institutional Licensees who have a license to view this Content.
      •  “Open Artstor Collection”: Artstor Content that is made available on a free-of-charge basis.
   4. Shared Collection: Institutional Licensees (including their Authorized Users) that decide to contribute Content to the JSTOR platform (“Shared Collection Contributor”) such as images, videos, audio files, texts, cataloging information, graphics, and all other materials (“Shared Collection Content”). Shared Collection Content may be open to all Authorized Users of JSTOR (“Open Shared Collection Content”) or limited to the Authorized Users of the contributing Institutional Licensee (“Institutional Shared Collection Content”). In addition, individual Authorized Users may upload Shared Collection Content, with access limited to the contributing Authorized User or, at the contributing Authorized User’s discretion, other Authorized Users at their institution who have a link to access the content (“Individual Uploads”). Note:  ITHAKA does not screen, select, or clear the rights to content in Shared Collection.

3. 3 What can I do with Content?

   1. You may use Content for research activities, including downloading or printing Content in reasonable amounts for non-commercial, scholarly purposes, and in the following ways (so long as you follow the prohibited uses in Section 4 below) (collectively the “Permitted Uses”). Note:  once you download or print allowed types and amounts of Content, you may continue to retain and use that Content in accordance with these Terms and Conditions of Use:
      • in a classroom or  other group instruction setting (for example, a discreet handout or projection of a Content item within a classroom setting);
      • in student assignments, educational presentations, and student or faculty curatorial portfolios (in ways content is typically incorporated into those types of academic works), or in research papers or dissertations, including reproductions of the dissertations (provided such reproductions do not include Books, and are only for personal use, library deposit, and/or use solely within your Institutional Licensee);
      • sharing parts of Content with other individuals for the purposes of collaboration and discussion (for example, sending an individual Content item to a fellow scholar for the purpose of collaboration on a research project);
      • if you are an author or other creator of a journal article, incorporating your article into other databases or websites as long as you have any prior permission that may be needed from the publisher and/or other rights holders;
      • linking, specifically including stable URLs JSTOR provides for each Content item outside of the JSTOR platform to facilitate or direct access (for example, incorporating a link to an assigned Content item into an online syllabi);
      • use ITHAKA’s Constellate service, on its platform https://constellate.org/ for certain types of text and data analysis specified in the Terms and Conditions of Use for the Constellate platform. The Constellate service includes content from several platforms including select JSTOR Content.
      • for JSTOR Collection Content, interlibrary loan (“ILL”), specifically, requests your library makes on your behalf to another Institutional Licensee for an item within that collection. Institutional Licensees may fulfill such requests via secure means provided that such use is not at a volume that would substitute for a subscription to the journal or acquisition of access to a Book (for example, ILL of a Book shall be restricted to a single copy of the requested Book chapter(s)); and
      • use in accordance with the principles of fair use under Section 107 of the United States Copyright Act except as follows:
        • For Artstor Collection: Institutional Licensees and Authorized Users make such fair use, at their own sole risk (such that ITHAKA shall not be liable for any uses they make of Artstor Collection in reliance on fair use including, but not limited to, and despite any language to the contrary in Section 9(a) below).
        • For Reveal Digital Content:  ITHAKA does not take a position on whether additional use of the content beyond these Terms and Conditions of Use or Creative Commons license if applicable (as mentioned in Section 3(b) below) may be permitted under United States copyright law or other laws. Users who decide to make such uses do so at their own risk. Users expressly acknowledge and agree that ITHAKA shall not be liable in any way for any uses they make of the Reveal Digital Content without securing copyright holder permission, whether or not such use is made in reliance on fair use and/or other provisions of the United States copyright or other intellectual property rights laws.
        • For Shared Collection: ITHAKA takes no position as to whether Shared Collection Content may be used pursuant to the fair use, educational exceptions or other similar provisions of the copyright laws or other intellectual property rights laws in the United States.
   2. You may be able to make broader use of the following types of Content:
      • Early Journal Content. You are free to copy, use, and redistribute the Early Journal Content in part or in whole for non-commercial purposes. Please acknowledge JSTOR as the source of the Early Journal Content by either linking directly to the JSTOR site using the stable URL for the Content item or, if using the Early Journal Content offline, by stating “Courtesy of JSTOR.”
      • Open JSTOR Collection, Open Artstor Collection, and Shared Collection. The Open JSTOR Collection, the Open Artstor Collection, and Open Shared Collection Content may have terms of a Creative Commons license or other rights statement or license indicated in the copyright statement or metadata for the content and, if so, you may make whatever use those licenses or rights statements allow. Note: Shared Collection Contributors have the choice to select and apply a license or rights statement to their Shared Collection content as long as such license or rights statement does not impose any obligations, liability, or restrictions of any kind on JSTOR.

   4 What use of JSTOR and its Content is prohibited?

   To make sure JSTOR respects the permissions it receives from its contributors and to ensure the platforms and Services operate reliably without any overburden on its servers, Institutional Licensees and users may not engage in the following (unless expressly permitted by a license or rights statement for Early Journal Content, Open JSTOR Collection Content, Open Artstor Content, or Shared Collection Content):

   • use or authorize the use of the Services, JSTOR Software, or any Content for commercial purposes or gains, such as selling access to the Services, JSTOR Services, or any part of the Content. For JSTOR Collection content, this does not include research that may later be incorporated into something sold, for example, a book containing academic research. Artstor Content may not be used in commercially distributed materials (such as works published by a scholarly or commercial press);
   • except for the Permitted Uses of sharing for collaboration or discussion or an author disseminating their own articles as described above, provide and/or authorize access to the Content or JSTOR Software to people or entities other than Authorized Users, including but not limited to by incorporating Content items into open websites or databases;
   • except as explicitly stated in the Permitted Uses stated above, use Content to train large language models or other generative AI technologies;
   • make available JSTOR Licensed Content or Artstor Collection Content in a manner that would substitute for direct access to such content on the Service platforms;
   • attempt to override, circumvent, or disable any encryption features or software protections employed by the Service platforms or JSTOR Software (for example, download restrictions for Read Only Users or JPASS Users);
   • undertake any activity that automatically downloads or exports Content, including activities involving web scraping, web harvesting, web data extraction, or other methods used to automatically extract data from websites;
   • systematically print out, download, reproduce or distribute (or collaborate with others to systematically print out, download, reproduce or distribute) significant portions or a bulk of the Content, including but not limited to, downloading or printing substantial portions of a run of a journal, a collection contained within Artstor Collection, or stocking or replacing print holdings;
   • include copies of Content items directly in course packs, electronic reserves, repositories, or organizational intranets;
   • for Artstor Collection, make any adaptation or modification of, or derivative work of an Artstor Collection item(s), unless such activity is done solely for teaching or learning purposes in a classroom setting or coursework for an Institutional Licensee’s Authorized Users;
   • modify, obscure, or remove any copyright notice or other attribution included in the Content;
   • alter or modify any part of JSTOR Software; access Shared Collection Content through any technology or means other than JSTOR Software or explicit means designated by JSTOR; modify, build upon, or block any portion or functionality of JSTOR Software and/or ITHAKA Platforms; or use JSTOR Software to collect or store any third party personal information.
   • upload, reproduce, transmit or distribute any software viruses or other computer code, files, or programs designed to interrupt, destroy, degrade, or limit the functionality of any computer software, hardware, data, system, or telecommunications equipment;
   • intentionally disrupt JSTOR Software or any ITHAKA Platforms, servers, or networks;
   • violate or infringe any third party rights, or applicable law or regulation, including regarding contributing Shared Collection Content or use of JSTOR Software; or
   • make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use.

4. 5 How does JSTOR ensure ongoing access to Content?

   JSTOR provides for long-term preservation and access to scholarly materials for certain Content.

   • Archiving of JSTOR Archive Collections Content. JSTOR provides long term preservation of the JSTOR Archive Collections, supported by an endowment, redundant storage and multiple back-up files. For items in the JSTOR Archive Collections Content that have print editions, JSTOR also has a dedicated repository at a participating institution to house and preserve the print copies under archival-quality conditions. For JSTOR Licensed Content, access will be available as long as a license is in effect and any applicable fees have been paid.
   • Perpetual Access for Books. If an Institutional Licensee cancels or does not renew its Institutional Participation Agreement, JSTOR shall provide access to the content of any previously licensed Books through either, at JSTOR’s choice, JSTOR or Portico.
   • Ongoing Access to Artstor Collection. ITHAKA intends to consistently maintain and make available the Artstor Collection or, if exigent circumstances require work to transfer the Artstor Collection to another nonprofit institution that will grant similar access (noting ITHAKA will not be liable if such transfer is not made). On termination of a license to the Artstor Collection, i) all online access to Artstor Collection Content shall end and ii) Institutional Licensees will destroy such content from its servers within 60 days of termination, taking reasonable steps to notify its Authorized Users of the termination of access. Following termination, Authorized Users may keep print or electronic copies of Artstor Collection Content for use consistent with these Terms and Conditions of Use including the permitted uses described in Section 3.
   • Possible preservation of Shared Collection Content. Shared Collection Contributors may choose in their discretion to preserve their Shared Collection Content or additional content collections in Portico’s digital preservation service under terms set forth by Portico.

5. 6 What are my responsibilities to JSTOR?

   1. Security. Authorized Users opening user accounts are responsible for maintaining security of their usernames and/or passwords and for use or activity made through their Institutional Licensees are responsible for reasonably limiting access to the JSTOR Licensed Content Artstor Collection Content, and JSTOR Software to valid and current Authorized Users, reasonably protecting the Content from unpermitted use, and working with ITHAKA to implement its user authentication processes.
      • PEP Access: A prison education or prison library program that licenses JSTOR access will also provide Authorized Users with the hardware and software necessary to do so at no charge to the Authorized Users. If you are an Authorized User of a prison education or prison library program and have been charged for equipment needed to access JSTOR, please let JSTOR know at support@jstor.org.
   2. Unpermitted Use. Institutional Licensees or Authorized Users who become aware of unpermitted use of the Services or JSTOR Software or a security breach affecting access to the Services or JSTOR Software must notify JSTOR and work with JSTOR cooperatively to resolve the problem. If there is an unauthorized use or a violation of these Terms and Conditions of Use, ITHAKA may, with Institutional Licensee’s assistance when requested and practicable, suspend or terminate access to a specific user, IP address(es), or other authorization and authentication mechanisms used for the unauthorized use. If reasonably possible, ITHAKA shall contact the Institutional Licensee prior to suspending or terminating access. ITHAKA will restore access promptly once the matter is resolved.
   3. Posted Material. If you are an individual Authorized User and/or Shared Collection Contributor and submit material and/or post comments on a Service platform, such as through use of JSTOR Software, you represent and warrant that you will not upload or otherwise publish any materials that: (a) violate copyright, other intellectual property or third party rights; (b) are libelous, defamatory, obscene, pornographic, hateful, abusive, or invasive of another’s privacy; (c) violate JSTOR’s and Artstor’s Community Guidelines, available at jstor.org/community-guidelines; (d) contain a virus, spyware, or other harmful component; (e) contain advertising of any kind; (f) or contain false or misleading indications of origin or statements of fact. ITHAKA may edit, remove or modify any material or comments that you submit or post or and use such material or comments if you make them publicly available.
   4. Shared Collection Contributors: Shared Collection Contributors grant JSTOR a worldwide non-exclusive, royalty-free, and transferable license to use, incorporate, reproduce, distribute, prepare derivative works of, display, perform, publish, and make available the Shared Collection Content by (i) publishing to the JSTOR platform as directed by the Shared Collection Contributor, and (ii) in the Constellate service described in Section 3(a) above.
   5. JSTOR Software Licensees: If a Shared Collection Contributor or other Institutional Licensee chooses to license access to JSTOR Software (“JSTOR Software Licensee”), JSTOR grants such JSTOR Software Licensee a non-exclusive, non-transferable, limited license to use JSTOR Software to manage, catalog, store, use, make available and publish Shared Collection Content or other collection content (collectively, “JSTOR Software Licensee Content”) as directed by their Authorized Users and in the manner set forth in these Terms and Conditions.JSTOR may include the option to publish JSTOR Software Licensee Content in whole or in part, to certain third party websites {“Additional Publishing Target”). JSTOR Software Licensees agree that if they publish JSTOR Software Licensee Content to Additional Publishing Target(s), such Content will be subject to the terms of the third party site.  Furthermore, JSTOR will not bear any responsibility for any liability arising out of or in connection with publishing JSTOR Software Licensee Content to Additional Publishing Targets, including but not limited to, for the actions of or failure of third parties to comply with terms applicable to any Additional Publishing Target(s) that receive any of JSTOR Software Licensee Content.

6. 7 What level of service does JSTOR provide?

   1. ITHAKA reasonably provides 24/7 availability of the Services’ platforms subject to periodic downtime for maintenance or updates to the server, platform, or equipment“(“Maintenance Downtime”). If ITHAKA fails to provide online availability for more than 72 hours during any period of 30 consecutive calendar days Institutional Licensee may ask in writing for (a) a refund or a credit of a prorated part of its annual access fee for such 30-day period or (b) termination of its applicable Institutional Participation Agreement. If you experience any issue with the Services, please contact us at http://support.jstor.org.
   2. ITHAKA may occasionally withdraw JSTOR Collection Content, Open JSTOR Collection Content, or Artstor Content for a good cause, such as a legal claim regarding a specific item of such Content. ITHAKA will try to minimize any inconveniences caused by such withdrawals but will not be liable for such withdrawals. For Institutional Licensees licensing JSTOR Collection Content or Artstor Collection Content, if ITHAKA withdraws a material amount of such Content, Institutional License may ask in writing for a prorated refund or credit of its annual access fee under its applicable Institutional Participation Agreement or or termination of its Institutional Participation Agreement without penalty. Shared Collection Content may be withdrawn i) by a Shared Collection Contributor at their choice or ii) by JSTOR if it violates these terms, including but not limited to Section 6(c) regarding the Community Guidelines.
   3. ITHAKA will reasonably support industry standards and best practices for online information delivery as follows:
      • the JSTOR Collection and Open JSTOR Collection may be produced by digitizing print textual material and is reasonably a complete and faithful replication of the print version of the Content in these collections;
      • the Service platforms and JSTOR Software comply with Section 508 of the Rehabilitation Act and W3C WAI WCAG 2.2 Level AA to the extent stated in the accessibility conformance reports contained within our Voluntary Product Accessibility Template documentation at http://about.jstor.org/accessibility/, with the understanding that (i) Primary Source Materials include a large number heavily visual forms of content where JSTOR will provide a magnification feature in an image viewer or, if that does not suffice, the metadata regarding such images; (ii) Reveal Digital Content contains scanned primary source materials that may be in partial compliance; (iii) Artstor Content consists of images and materials as they are contributed by third parties that intend to convey a specific sensory experience; certain web pages displaying Artstor Content may have only informational, rather than descriptive, alt text, and captions may not be available for video content; and (iv)  Shared Collection Content may be in partial conformance, as the accessibility of Shared Collection Content is the responsibility of the third-party contributor and is outside of JSTOR’s control (although Shared Collection Contributors agree to make reasonable efforts to ensure their Shared Collection Content complies with these standards).
      • the JSTOR platform meets ANSI/NISO z39.88-2004 OpenURL standards and is compatible with the NISO Metasearch XML Gateway (MXG) protocol in development, XML and SRU/SRW search interfaces; and
      • COUNTER-compliant usage statistics will be made available to Institutional Licensees. In addition, for Shared Collection Contributors, JSTOR will provide a usage dashboard or usage administrator tools in JSTOR Software for usage statistics on their Shared Collection Content.

7. 8 What intellectual property rights apply?

   1. The Service Platforms, JSTOR Software, and Content. The Service platforms, JSTOR Software, and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights (collectively, “Intellectual Property”) relating to the Service platforms and JSTOR Software are proprietary to ITHAKA and all Intellectual Property related to the Content provided by ITHAKA’s participating libraries, universities, publishers, scholarly societies, and other Content contributors are proprietary to them (with permission to ITHAKA to act on their behalf with respect to Content in JSTOR), subject to the rights of third parties.
   2.  ITHAKA and Institutional Licensee Trademarks. ITHAKA’s and Institutional Licensee’s names or trademarks may not be used without permission, with the following limited exceptions: (i) ITHAKA may use Institutional License’s’ names and/or the names of their libraries alongside the names of other participants in brochures or other materials identifying institutions participating in its Services, and (ii) Institutional Licensees are encouraged to use JSTOR’s or Artstor’s name and logo to announce participation to Authorized Users and to train Authorized Users on the use of the Services. Neither party shall imply endorsement of the other and JSTOR shall not advertise its services using Institutional Licensee’s names or trademarks independent of other Institutional Licensees.
   3. DMCA Notifications. If you believe that content in the Primary Source Materials or Shared Collection violates your copyright or otherwise violates your rights, please send a written notice to JSTOR directed to the Office of the General Counsel, JSTOR, One Liberty Plaza, 165 Broadway, 5^th, New York, NY, 10006 or send an email to the address listed at the U.S. Copyright Office DMCA Designated Agent Directory. Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (a) a 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 sufficient for JSTOR to locate the infringing material and information; (d) your contact information including an address, e-mail address, and telephone number; (e) your statement that, in your good faith belief, use by the alleged infringing material 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 you are authorized to act on behalf of the applicable rightsholder. If JSTOR receives this notification or learns of the claim from another source, JSTOR may remove such content while the claim is reviewed.
   4. For Shared Collection Contributors, JSTOR is required under the DMCA to quickly remove or disable access to Shared Collection Content if JSTOR is aware that it infringes someone else’s copyright but will, where practicable, notify the Shared Collection Contributor in advance. JSTOR reserves the right to terminate an Institutional Licensee’s or Authorized User’s access to JSTOR Software when that Institutional Licensee or Authorized User repeatedly infringes another’s copyright, although JSTOR would make reasonable efforts to collaboratively resolve the situation with an Institutional Licensee before terminating access. JSTOR shall not be liable in any way for acting pursuant to its DMCA obligations.

8. 9 To what extent is JSTOR responsible for its platform and the Content?

   1. Representations and Warranties: Based on its arrangements with publishers, rightsholders, and other Content contributors, JSTOR represents and warrants to its knowledge, under the laws of the United States, use of the JSTOR platform, Books and JSTOR Archive Collections Content by Authorized Users in accordance with these Terms and Conditions of Use will not infringe the copyright of any third party. With respect to Primary Source Materials and Artstor Collection Content, JSTOR represents and warrants it has made diligent efforts to either obtain permission from rightsholders and/or rely on U.S. fair use or similar provisions of copyright law in making such Content available. Thus, to its knowledge, use of Primary Source Materials and Artstor Collection Content will not infringe the copyright of any third party. In addition, Reveal Digital Content may be made available with the explicit permission of the copyright holder, assignee, or transferee for research and educational purposes, and/or are in reliance on fair use and/or other provisions of the United States copyright or other laws.   JSTOR cannot make this representation and warranty for (i) the Shared Collection (as JSTOR does not screen, select, edit, or review Shared Collection Content for legal purposes, accuracy, or usefulness); (ii) any modifications or derivative works of the Content created by Institutional Licensees, Authorized Users, or by any third party (iii) any use of JSTOR or Content in violation of these Terms and Conditions of Use or (iv) third-party rights besides copyright (such as rights of publicity and privacy) in the Early Journal Content (and users assume sole responsibility for obtaining such permission as may be needed). 
      Shared Collection Contributors or other Institutional Licensees that use JSTOR Software represent that they have the rights, licenses, consents, and permissions, or defenses necessary to include the content they add to the JSTOR Software or the Shared Collection Content or other content they publish. Shared Collection Contributors and Institutional Licensees using JSTOR Software will be solely responsible for complying with laws or regulations applicable to such content and promptly will notify JSTOR if they become aware of any infringement, libel, or other claim pertaining to any Shared Collection Content.
   2. Indemnification by JSTOR:  Except as otherwise stated in these terms, JSTOR agrees to indemnify Institutional Licensees against damages (including related legal fees and expenses) for copyright infringement arising out of use of the Primary Source Materials or Artstor Collection to the extent stated in 9(c) below. The indemnification will apply only if i) the Primary Source Materials and Artstor Collection content are used in accordance with these Terms and Conditions of Use; (ii)  Institutional Licensee notifies JSTOR promptly of any such claim; and iii) JSTOR has sole control of the defense and/or settlement of the dispute, including with counsel of its choice and may join and/or consolidate multiple actions as may be appropriate (noting Institutional Licensee may participate in defense and/or settlement of the dispute at its sole cost). With respect to the Artstor Collection, this indemnity shall apply only to uses, reproductions, displays, performances, or distributions made of the Artstor Collection Content within the United States.
   3. Limitation of Liability: ITHAKA will not be liable to any individual or entity for any loss, injury, claim, liability, damages, costs, and/or attorneys’ fees of any kind resulting from the unavailability, delays, or interruption of the Services, Content, or other JSTOR services.  Institutional Licensees and Authorized Users agree not to hold ITHAKA liable for any losses or damages arising out of or in connection with their use of the Services or Content in violation of these Terms and Conditions of Use. As a not-for-profit organization responsible for ensuring the long-term availability and access of Content, ITHAKA’s liability to an Institutional Licensee will not exceed the fees paid by that Institutional Licensee for applicable collection(s) of Content for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 9, JSTOR, CONTENT, INFORMATION, MATERIALS, ACCESS, SOFTWARE, OR OTHER SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND ITHAKA 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 THERETO OR TO ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, ERRORS AND OMISSIONS, LIABILITY UNDER LIBEL LAWS, INFRINGEMENT OF RIGHTS OF PUBLICITY OR PRIVACY, APPROPRIATENESS OR SUBSTANCE OF CONTENT, MORAL RIGHTS, COMPATIBILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ITHAKA and its content providers make no warranties with respect to any harm that may be caused by the transmission of a computer virus or other such harmful computer program, except that ITHAKA will exercise a reasonable level of care to prevent such occurrence. In addition, ITHAKA makes no representation or warranty of any kind, express or implied, with respect to outbound links and does not endorse such linked websites.
   4. Suitability of Content: ITHAKA serves a diverse range of audiences, including different age groups within the scholarly and educational communities. ITHAKA makes no representations or warranties of any kind, and will not be held liable in any way, for any Content that may be considered offensive, inflammatory, obscene, defamatory, or otherwise unsuitable for some users. Institutional Licensee is responsible for taking reasonable steps to inform its Authorized Users, for determining whether Content is appropriate for viewing by such individuals, and for complying with any applicable law, including but not limited to any law regulating (a) the provision of Content to audiences of different age groups and (b) children’s use of the internet.

9. 10 How does JSTOR protect my personal information?

   We will use any personal information you give us in accordance with our ITHAKA Privacy Policy, which can be found at https://www.ithaka.org/privacypolicy/, as updated as our practices evolve. ITHAKA does not knowingly collect personal information from anyone under the age of 16 and, if it learns it has collected such personal information, promptly will delete that information.

10. 11 What other legal terms apply?

    1. These Terms and Conditions of Use will be governed by the laws of the United States and any laws or conventions that might direct the application of the laws of another jurisdiction will not apply. If an Institutional Licensee is a United States public educational or government institution, i) the laws of Institutional Licensee’s state will also apply and ii) any part of this Agreement that are invalid or unenforceable against such Institutional Licensee due to applicable, law will be interpreted in a manner most consistent with applicable governing law. In addition, the English language version of these Terms and Conditions of Use will control over any other language version.
    2. If any provision of these Terms and Conditions of Use are held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, all other provisions shall remain in full force and effect. 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.
    3. Neither ITHAKA 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.
    4. ITHAKA reserves the right to make reasonable modifications to these Terms and Conditions, or any aspect of the Services, to manage the changing needs of Institutional Licensees, Authorized Users, and Content providers and contributors. However, ITHAKA intends that modifications will not materially reduce the scope of Permitted Uses set forth in Section 3 above. The latest version of these Terms and Conditions of Use will be available on the JSTOR website, and ITHAKA will notify Institutional Licensees of material modifications via email. JSTOR aims to address concerns Institutional Licensees may have about modifications; if Institutional Licensee contacts ITHAKA with any such concerns, ITHAKA will make reasonable efforts to address those concerns, including signing an amendment to the Institutional Participation Agreement if the parties are able to agree to negotiated change(s). In addition, if Institutional Licensee determines ITHAKA has not addressed its concern, it may terminate the Agreement by sending ITHAKA 30 (thirty) days’ written notice. If Institutional Licensee does not notify ITHAKA of a concern within 60 (sixty) days from the time JSTOR emails notice of the modification, the modification will be considered effective between the parties.
12. Last updated on October 8, 2024