in the Portico Archive
Portico Terms and Conditions of Use
By using the Portico archive you agree to abide by the following terms and conditions:
- Portico hereby grants you a nonexclusive, limited license to use the journals and other materials in the Portico archive
(the "Content") in accordance with these terms and conditions (the "License"). You may not sublicense, assign, or transfer the
License, and any attempt at such sublicense, assignment or transfer is void.
- Portico has obtained the right to provide the Content from the publishers of the journals contained in the archive, and
copyright therein is retained by the publishers. The publishers are third party beneficiaries to this agreement, and have the
right to enforce this License directly.
- You may have entered into a license with one or more publishers relating to specific Content. This License is only intended to
cover situations in which Portico is providing access to Content that is no longer available from the publisher or another source
due to the occurrence of specific trigger events such as a publisher going out of business, or where Portico has been designated
by the publisher as a source for perpetual access for former subscribers or purchasers of the Content. Prior to a trigger event,
the relevant publisher license shall govern the use of Content, and in the event of a conflict between the publisher license and
this License, the publisher license will prevail.
- The Content is intended for the personal, noncommercial use of Authorized Users of the Portico archive. For information on
who is an Authorized User, please contact your library or organization. Unless prior written permission has been obtained from
Portico and the publisher of such Content, you may not download from the Portico archive an entire issue of a journal, significant
portions of the entire run of a journal, or a significant number of sequential articles, and copies of materials downloaded from
Portico may only be furnished to Authorized Users. Publisher contact information is available on the Portico website. The restrictions
on use of Content set forth in this License shall survive any termination of the License.
- Additional restrictions, or fewer restrictions, may apply to your use of certain Content. Copyright is not claimed as to any
work of the United States government.
- You must maintain all copyright and other notices contained in any Content in the course of any use of such Content.
- Other than as permitted above with respect to Content, you may not reproduce, publish, distribute, transmit, participate in the
transfer or sale of, modify, create derivative works from, display, or in any way exploit, the Portico archive in whole or in part.
You have no rights to the proprietary software and related documentation provided to you to access the Portico archive ("Access Software").
You may not copy, distribute, modify, reverse engineer, or create derivative works from the Access Software.
- Portico™ and the Portico logo are trademarks of ITHAKA. Your use of the Portico archive implies no right in these
- The Portico archive may contain links to or may be accessible from links within related or unrelated World Wide Web sites and
resources. Portico and the publishers shall not be liable for any loss, injury, claim, liability, or damages of any kind arising out
of or in connection with such links. You should direct any concerns regarding any outside link to its site administrator.
- Portico will not be held liable for any delays, inaccuracies, errors or omissions in the Portico archive, in the transmission or
delivery of all or any part thereof, or for any damages arising from any of the foregoing. Portico does not represent or endorse the
accuracy or reliability of any Content. THE PORTICO ARCHIVE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. PORTICO FURTHER MAKES NO WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS,
WORM, TIME BOMB, LOGIC BOMB OR OTHER SUCH COMPUTER PROGRAM. YOU HEREBY ACKNOWLEDGE THAT USE OF THE PORTICO ARCHIVE IS AT YOUR SOLE RISK.
- You may not authorize use of the Portico archive by anyone who is not an Authorized User. You may not set up a proxy or anonymous
remailer for purposes of allowing access to Portico.
- You shall notify Portico of any known or suspected unauthorized use(s) of your account, if applicable, or any known or suspected
breach of security, including loss, theft, or unauthorized disclosure or use of your password or IP address. You are responsible for
maintaining the confidentiality of your password, if applicable, and for all usage or activity on your account, including use of the
account by anyone authorized by you to use your password. Any use of the Portico archive beyond the scope of the License, knowing use
of the password of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of your account,
or termination of access to Portico from your IP address, without notice and at Portico's sole discretion. The foregoing includes but is
not limited to activity that may burden Portico's server(s) such as computer programs that automatically download Content, commonly known
as web robots, spiders, crawlers, wanderers or accelerators.
- You hereby indemnify, defend and hold Portico, and its officers, directors, agents, licensors and licensees (collectively,
the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you, or any user of your account, of these Terms and Conditions, including,
without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim.
Portico reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification
that Portico may disclose information about usage of the Portico archive and demographics pertaining thereto so long as such disclosure
does not reveal users' personal identities, unless such disclosure is required to protect against violations of this License, or to
protect and defend our rights or property or the rights and property of contributors to the Portico archive.
- This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of New York or United States
Federal law, as applicable, excluding any such laws that might direct the application of the laws of another jurisdiction. The parties
expressly exclude, if applicable, the application of the United Nations Convention on Contracts for the International Sale of Goods.
Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration, including
joint and/or consolidated arbitration where practicable, conducted in English, in New York, New York, in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and judgment on the award rendered by the Arbitrator(s) may be entered in any
court having jurisdiction thereof. The parties agree to exclude any right of application or appeal to non-U.S. courts in connection with
any question of law arising in the course of the arbitration, or with respect to any award made.
- Portico may change these Terms and Conditions, or any aspect of the Portico archive, at any time, in consultation with its advisory
committee, board of trustees or other governing body.
- If any provision or provisions of this License shall be held to be invalid, illegal, unenforceable, or in conflict with the law of
any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired
Questions or Comments
updated on September 30, 2009