Terms and Conditions of Use

Welcome to the JSTOR digital library and platform found at jstor.org (“JSTOR”). Certain content contained within JSTOR will also be found in the Artstor Digital Library and platform found at artstor.org (“Artstor”). Your use of JSTOR and Artstor (collectively referred to as the “Services” or by their collective corporate name “ITHAKA”) is subject to the following Terms and Conditions of Use.

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?

   We define our “Authorized Users” as:

   1. People with access through an institution that is licensing the Services on their behalf, namely a college, university, secondary school, public library, museum, foundation, government agency, research center, corporate/for-profit organization, or scholarly society (“Institutional Licensee”). This includes individuals i) permitted to be on the premises of an Institutional Licensee and access the Services while on site and ii) who may also access the Services remotely, specifically:
      • current students
      • affiliated researchers and lecturers
      • staff
      • patrons of a public library or museum that has licensed remote access
      • members of a scholarly society
      • in the case of JSTOR Collection content (defined below), individuals who have a degree from an Institutional Licensee that has licensed access for alumni

      Please note that if you access the Services through an Institutional Licensee, your use of the Services may be subject to a separate agreement between ITHAKA and such Institutional Licensee. If that agreement has different terms, those terms will have precedence over these Terms and Conditions of Use. If you have questions about your Institutional Licensee’s license agreement (“Institutional Participation Agreement”), please contact your librarian.

   2. People who come to the Services directly for access. This includes individuals who:
      • register for a free individual account that enables access to a limited number of available read-only JSTOR Collection Content items (defined below) for fixed periods of time (“Read-Only Users”);
      • pay to use our JPASS service to access certain JSTOR Collection Content (defined below) for unlimited read-only access and a limited number of downloaded content items per month (“JPASS Users”);
      • use ITHAKA’s Constellate service as described in Section 4;
      • purchase an individual item of Content from publishers via JSTOR; and/or
      • access openly available content on JSTOR, including but not limited to Early Journal Content, the Open JSTOR Collection, or relevant portions of the Community Collection (defined in Section 3 below). (“Open Content Users”).

2. 2 What’s in JSTOR?

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

   1. JSTOR Collection: Content in the “JSTOR Collection” is selected by JSTOR’s editors to be included in the JSTOR digital library. Access to the JSTOR Collection typically is limited to Authorized Users who have a license to view this Content (either directly or through an Institutional Licensee), although from time to time portions of the JSTOR Collection may be made openly available by JSTOR. The portions of the JSTOR Collection that you have permission to access are referred to as “JSTOR Licensed Content”.The JSTOR Collection includes:
      • “Books,” specifically, complete books and/or portions of such books, such as book chapters.
      • “JSTOR Archive Collections Content,” specifically, journal volumes and issues curated by JSTOR editors into Archive and Thematic Collections.
      • “Primary Source Materials,” specifically, the Cultural Heritage Sites, Landscapes, and Struggles for Freedom in South Africa Collections, Global Plants plant specimens, and any other primary source materials curated by JSTOR.
   2. Open JSTOR Collection: JSTOR’s editors may also choose to include certain Content in an open model, where access is available to any Authorized Users who agree to these Terms and Conditions of Use.The Open JSTOR Collection includes:
      • “Early Journal Content,” specifically, 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 2021, Early Journal Content will include content published prior to 1926 in the United States and prior to 1878 internationally.
      • “Open Access Content,” specifically, 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, which JSTOR’s contributing publishers have agreed to make openly available to all Authorized Users, possibly under the terms of an indicated Creative Commons license.
      • “Reveal Digital Content,” specifically, periodicals, newspapers, and other historical materials for which rights-holders contributing content to Reveal Digital have agreed to make openly available to all Authorized Users 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: Authorized Users may encounter on the JSTOR or Artstor platform Content from the Artstor Digital Library (“Artstor Content”), a companion service focusing on image-based material. The Artstor Content has been selected by Artstor editors for inclusion in the Artstor Digital Library.Artstor Content includes:
      • “Artstor Collection”: Artstor Content that is made available to Authorized Users if the Authorized User’s Institutional Licensee has licensed access to such Content.
      • “Open Artstor Collection”: Artstor Content that is made available on a free-of-charge basis, possibly under the terms of an indicated license or rights statement allowing for re-use.
   4. Community Collection: ITHAKA may allow Institutional Licensees or their designated Authorized Users to select and add Content, such as images, videos, audio files, texts, cataloging information, graphics, and all other materials, to the JSTOR or Artstor platform. Community Collection Content may be open to all Authorized Users (referred to on artstor.org as “Public Collections”), limited to Authorized Users of the contributing Institutional Licensee (referred to on artstor.org as “Institutional Collections”), or limited to the contributing Authorized User and/or discrete groups of users selected by such individual (referred to on artstor.org as “Personal Collections”). ITHAKA does not screen, select, or clear the rights to content in the Community Collection.

3. 3 What can I do with Content?

   1. ITHAKA encourages Authorized Users to engage in research activities, including downloading or printing Content in reasonable amounts for non-commercial, scholarly purposes, as well as use the Content on its platform in the following ways (so long as you abide by the prohibited uses in Section 4 below) (collectively the “Permitted Uses”):
      • classroom or organizational instruction and activities (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 (so long as such use conforms to the customary and usual practice in the field), 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 of portions 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 needed prior permission from the publisher and/or other rights holders;
      • linking, specifically, incorporating stable URLs JSTOR provides for each Content item into other online spaces 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 selected content items portions of which are contained in the JSTOR database;
      • for the JSTOR Collection, interlibrary loan (“ILL”), specifically, requests your library makes on your behalf to an Institutional Licensee for an item of JSTOR Collections Content (“Interlibrary Loan” or “ILL”). 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 a Book chapter); 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 Community Collections: ITHAKA takes no position as to whether Community Collections 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. Please note different, possibly broader, use may apply to certain types of Content, specifically:
      • Early Journal Content. In addition to all permitted uses described above, you are free to copy, use, and redistribute the Early Journal Content in part or in whole for non-commercial purposes. Please be considerate of other users and do not use robots or other devices or coordinate activity that may disrupt the JSTOR platform to systematically download these works. We ask that you 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 Community Collection. The Open JSTOR Collection, the Open Artstor Collection, and certain portions of Community Collection Content may be subject to the terms of a Creative Commons license or other rights statement or license, as indicated in the copyright statement or metadata for the content. If an Open JSTOR Collection, Open Artstor Collection, or Community Collection item has different terms posted where the content appears, those terms have precedence over these Terms and Conditions of Use.

   Please note that JSTOR Licensed Content downloaded or printed in a manner consistent with these Terms and Conditions may continue to be used as permitted by these Terms and Conditions even if the license allowing such access later terminates or expires.

4. 4 What use of JSTOR and its Content is prohibited?

   It is important that JSTOR respects the permissions it receives from publishers, rights-holders, and contributors and ensures the Service platforms are reliably available. Therefore, unless otherwise expressly permitted for Early Journal Content, Open JSTOR Collection Content, or Community Collection Content, Institutional Licensees and users may not:

   • use or authorize the use of the Services or any Content for commercial purposes or gains, such as selling access to the 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;
   • for Artstor Content, use in electronic or print materials that are disseminated for commercial purposes (such as by a scholarly or commercial press);
   • except for the purpose of collaboration or discussion or with respect to an author’s own articles as described in Section 3, provide and/or authorize access to the Content to persons or entities other than Authorized Users, including but not limited to by incorporating Content items into an unrestricted database or website;
   • 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 undertake any activity such as the use of computer programs that automatically download or export Content as those computer programs may interfere with, disrupt, or otherwise burden the JSTOR server(s) or any third-party server(s) being used or accessed in connection with the Service platforms;
   • 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 the Content or portions thereof in course packs, electronic reserves, repositories, or organizational intranets (as linking may be used instead);
   • for Read-Only Users or JPASS Users, violate the download restrictions which apply to the service;
   • for Artstor Collection, make any adaptation or modification of, or derivative work of such Artstor Collection items, 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; or
   • make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use.

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

   JSTOR provides for long-term preservation and access to scholarly materials and provides specific long-term access assurances for certain Content in its database.

   • 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, and for those items of JSTOR Archive Collections Content that have print editions, establishing 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 the applicable license is in effect and all 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 any previously licensed Books through either JSTOR (with possible limitations on access and functionality) or Portico (many of the Books which are available in JSTOR are also part of the Portico digital preservation service) as selected in JSTOR’s discretion.
   • Ongoing Access to Artstor Collection. ITHAKA intends to maintain the Artstor Collection and to make it available for noncommercial, educational, and scholarly purposes on an ongoing basis, noting however, should exigent circumstances so require, ITHAKA reserves the right to discontinue the availability of the Artstor Collection on its platforms on provision of notice. In such circumstances, ITHAKA will work to transfer the Artstor Collection to another nonprofit institution and to have it made widely available for noncommercial educational and scholarly purposes (noting ITHAKA will not be liable if such transfer is not made). Upon termination of a license to the Artstor Collection, all online access to Artstor Collection Content shall cease, though Authorized Users may retain print or electronic copies of Artstor Collection Content appearing in lesson plans or in other pedagogical, educational, or scholarly materials for personal uses, that are noncommercial in nature and are consistent with fair use and other exceptions to intellectual property rights laws of the United States. In addition, Institutional Licensees will remove and destroy or erase all Artstor Collection Content from all servers operated on Institutional Licensee’s behalf within 60 days of termination, and will take reasonable steps (such as posting a notice in a location determined by Institutional Licensee) to notify Authorized Users that Institutional Licensee is no longer providing access to the Artstor Collection.

6. 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 usage or activity made through their account. Institutional Licensees are responsible for making reasonable efforts to limit access to the JSTOR Licensed Content and Artstor Collection Content to valid Authorized Users (and update the status of its Authorized Users as needed) to protect the Content from unpermitted use, and to cooperate with ITHAKA by providing information or assistance necessary to implement its user authentication processes.
      • PEP Device: If JSTOR agrees in its discretion to license Institutional Licensee a JSTOR hardware device to facilitate offline access for a prison education or prison library program (“PEP Device”), Institutional Licensee is responsible for ensuring the PEP Device is only used for the purpose of providing Authorized Users of such programs access in accordance with these Terms and Conditions of Use. In addition, Institutional Licensee will cooperate with JSTOR to update and replace such PEP Device upon reasonable request and return such PEP Device following termination of Institutional Licensee’s Agreement.  For the purpose of clarity, if a prison education or prison library program elects to license online JSTOR access, such program shall be solely responsible for providing Authorized Users with the hardware and software necessary to access JSTOR online 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 must notify JSTOR of any unpermitted use of the Services or security breach affecting access to the Services of which they are aware. Institutional Licensees and Authorized Users shall work cooperatively with ITHAKA to resolve problems of unpermitted use. If there is an unauthorized use or a violation of these Terms and Conditions of Use, ITHAKA may suspend or terminate, or request Institutional Licensee assist in suspending or terminating where practicable, access to a specific user, IP address(es), or other authorization and authentication mechanisms used to gain access for the unauthorized use. ITHAKA shall make reasonable efforts to contact the Institutional Licensee prior to suspension or termination of access and to restore access promptly following successful resolution of the matter.
   3. Posted Material. With respect to individual Authorized Users, where you are able to submit material and/or post comments on a Service platform, you represent and warrant that you will not upload or otherwise publish through the Services 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 https://about.jstor.org/community-guidelines; or (d) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You acknowledge and agree that ITHAKA may edit, remove, or modify any material or comments that you submit or post. In addition, ITHAKA may reproduce, distribute, or otherwise use any material or comments you make publicly available via the Services.

7. 7 What level of service does JSTOR provide?

   1. ITHAKA uses reasonable efforts to provide 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 to either Service platform for more than 72 hours during any period of 30 consecutive calendar days 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 each 30-day period so affected or (b) terminate its agreement by providing written notice to JSTOR. If you experience any issue with the Services, please contact us (see https://support.jstor.org/).
   2. ITHAKA may occasionally withdraw JSTOR Collection Content, Open JSTOR Collection Content, or Artstor Content for a good cause reason, for example, because of a legal claim with respect to a specific item of such Content. ITHAKA makes reasonable efforts to minimize any inconveniences caused by such withdrawals, but ITHAKA will in no way be held 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 submit a written request to receive a prorated refund or credit of its annual access fee under its Institutional Participation Agreement in effect or to terminate such Institutional Participation Agreement without penalty. Please note, contributors of Community Collection Content may withdraw such Content in their discretion at any time.
   3. ITHAKA is committed to supporting and working with industry standards and best practices for online information delivery as these standards are developed. Specifically, ITHAKA shall use reasonable efforts to ensure that:
      • the JSTOR Collection and Open JSTOR Collection is produced by digitizing print textual material and is a complete and faithful replication of the print version of the Content in these collections;
      • the Service platforms are compliant with Section 508 of the Rehabilitation Act and W3C WAI WCAG 2.1 Level AA. Please note that (i) the Primary Source Materials include a large number of images, maps, and other heavily visual forms of content, and in cases where the magnification feature of the image viewer does not suffice, JSTOR will only be able to provide access to metadata regarding images; (ii) the Reveal Digital Content, which contains scanned primary source materials that may be in partial conformance; (iii) Artstor Content consists of images and materials as they are contributed by third parties that intend to convey a specific sensory experience such that certain web pages displaying Artstor Content may only have informational, rather than descriptive, alt text, and captions may not be available for video content; and (iv) Community Collection Content may be in partial conformance, as the accessibility of Community Collection Content depends on the third-party contributor, and is outside of JSTOR’s control. More information regarding JSTOR’s accessibility compliance, including available VPAT documents, may be accessed at https://about.jstor.org/accessibility and information regarding Artstor’s accessibility compliance, including its available VPAT documents, may be accessed at https://www.artstor.org/accessibility/;
      • 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
      • it makes available to Institutional Licensees COUNTER-compliant usage statistics.

8. 8 What intellectual property rights apply?

   1. The Service Platform and Content. The Service platforms, PEP Devices, 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 PEP Devices 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, 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 except: (i) ITHAKA may use Institutional Licensees’ 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.
   3. DMCA Notifications. If you believe that content in the Primary Source Materials or Community 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, 5th Fl., 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 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 JSTOR 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. Once JSTOR receives this notification, or if JSTOR learns of the claim from another source, JSTOR may remove such content pending the resolution of the claim.

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

   1. Based on its arrangements with publishers, rights-holders, and other Content contributors, JSTOR represents and warrants under the laws of the United States that to its knowledge use of the JSTOR platform and JSTOR Licensed Content (other than Primary Source Materials) by Authorized Users in accordance with these Terms and Conditions of Use will not infringe the copyright of any third party. This representation and warranty does not apply, however, to (i) the Community Collection (as JSTOR does not screen, select, edit, or review Community 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, or (iii) any usage of JSTOR or Content in violation of these Terms and Conditions of Use. JSTOR also does not make any representation or warranty, and users shall assume sole responsibility for obtaining permission as needed to address third-party rights besides copyright (such as rights of publicity and privacy) in the Early Journal Content.With respect to Primary Source Materials and Artstor Collection Content, JSTOR represents and warrants it has made diligent efforts to either locate and seek permission from rights-holders or rely on U.S. fair use or similar provisions of copyright law in making such Content available such that to its knowledge, use of Primary Source Materials and Artstor Collection Content will not infringe the copyright of any third party. Except as otherwise stated in these terms, JSTOR agrees to indemnify Institutional Licensees against damages for copyright infringement (and related legal fees and expenses) arising out of use of the Primary Source Materials or Artstor Collection only for its intended purposes in accordance with these Terms and Conditions of Use to the extent stated in 9(b) below, provided that Institutional Licensee notifies JSTOR promptly of any such claim and allow JSTOR to control the defense and/or settlement of the dispute.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.
   2. ITHAKA will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold ITHAKA liable for any loss, injury, claim, liability, damages, costs, and/or attorneys’ fees of any kind that result from the unavailability, delays, or interruption of the Services, Content, or other JSTOR or Artstor services, or arising out of or in connection with Institutional Licensee’s or Authorized Users’ use of the Services or Content in violation of these Terms and Conditions of Use. As ITHAKA is a not-for-profit organization responsible for ensuring the long-term availability and access of Content, in no event will ITHAKA’s liability to an Institutional Licensee 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, ARTSTOR, 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, 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 occurrences. In addition, ITHAKA makes no representation or warranty of any kind, express or implied, with respect to outbound links and that the linking to such websites does not constitute any kind of endorsement of such sites.
   3. ITHAKA seeks to serve a wide range of audiences, including audiences of different age groups, in 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 might be deemed offensive, inflammatory, obscene, defamatory, or otherwise unsuitable for some users, and Institutional Licensee will take reasonable steps to inform its Authorized Users accordingly. Notwithstanding anything to the contrary herein, Institutional Licensee is solely responsible for determining whether Content is appropriate for viewing by such individuals and for complying with any applicable law, including but not limited to (a) any law regulating the provision of Content to audiences of different age groups; and (b) any law regulating children’s use of the internet.

10. 10 How does JSTOR protect my personal information?

    Any personal information you may provide ITHAKA will be used only in accordance with the terms of our ITHAKA Privacy Policy, available https://www.ithaka.org/privacypolicy as it may be amended from time to time. 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.

11. 11 What other legal terms apply?

    1. These Terms and Conditions of Use will be interpreted and construed in the English language (which shall control over any other language version) according to the laws of the United States and any laws or conventions that might direct the application of the laws of another jurisdiction shall not apply. If an Institutional Licensee is a United States public educational or government institution, those portions of this Agreement which are invalid or unenforceable against such Institutional Licensee due to applicable state or federal law, shall be construed in a manner most consistent with applicable governing law.
    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. To manage the evolving needs of Institutional Licensees, Authorized Users, and Content providers and contributors, ITHAKA reserves the right to reasonably modify these Terms and Conditions, or any aspect of the Services, at any time, however, ITHAKA intends that such modifications shall not materially detract from the scope of Permitted Uses outlined herein. The most updated of these Terms and Conditions of Use will be posted on the JSTOR website, and ITHAKA will notify Institutional Licensees via email of material modifications. Subject to any terms to the contrary in an applicable Institutional Participation Agreement, a modification will become effective for an Institutional Licensee if it does not object in writing to ITHAKA within 60 (sixty) days from the time JSTOR emails notice of the modification. In the event of such an objection, ITHAKA shall make reasonable efforts to address any concerns or the Institutional Licensee will have the right to terminate the Agreement on 30 (thirty) days written notice.
12. Last updated on October 31, 2022