- SUBSCRIPTION ACCESS: An online subscription permits unlimited simultaneous Internet Access to complete JVDI content by Authorized Users for the entire subscription term. Secure proxy access from off campus locations is allowed.
- COPYRIGHT: Unless otherwise noted, the AAVLD holds the copyright on all materials published in JVDI, whether in print or electronic form, both as a compilation and as individual articles. All JVDI content is subject to "fair use" provisions of U.S. or applicable international copyright laws [http://www.copyright.gov/title17/92chap1.html].
- AUTHORIZED USE: Authorized Users are permitted to reproduce or disseminate JVDI content within the parameters of applicable copyright law. The following uses are specifically authorized:
- Downloading: Downloading, printing, or saving of JVDI content for the purposes of research, teaching, and/or private study by Authorized Users is permissible. Systematic downloading (by robots or other automatic processes) is prohibited without explicit approval by the AAVLD.
- Interlibrary Loan: Institutional Subscribers may fulfill interlibrary loan requests from other institutions via fax or paper document delivery under CONTU (National Commission on New Technological Uses of Copyright Works) guidelines [http://www.cni.org/docs/infopols/CONTU.html]. Redistribution of JVDI content to nonauthorized users in electronic or digital form is prohibited without prior AAVLD approval.
- Accessibility: Institutional Subscribers may transcribe any portion of JVDI content into Braille script, enlarged type, or other appropriate version in order to allow Authorized Users with disabilities to access JVDI.
- Course Packs: Institutional Subscribers may use a reasonable portion of JVDI content, in printed or digital format, in the preparation of course packs or other educational materials for Authorized Users.
- Reprints: For permission to reprint or copy JVDI content beyond that permitted by Section 107 or 108 of the U.S. Copyright Law, contact the Copyright Clearance Center. The fee code for users of the Transactional Reporting Service appears in each abstract and full text article.
- RESTRICTIONS:
- Nonauthorized Users: Except as specifically provided elsewhere in these guidelines, Institutional Subscribers are prohibited from making agreements for access to JVDI content with individuals, organizations, vendors, affiliates, or partners, who are not Authorized Users.
- Commercial Redistribution: No direct commercial re-use (e.g., downloading, posting a file, printing to sell or distribute to any nonauthorized user) of any JVDI content is permitted without prior, express written permission of the AAVLD. Permission is granted, however, to provide a limited amount of print or electronic JVDI content for purposes of regulatory approval, patent and/or trademark applications, or other legal or regulatory purposes.
- Removal of Copyright Notice: Institutional Subscribers agree not to remove, cover, overlay, obscure, block, or change any copyright notices, legends, or terms of use.
- Modification: Institutional Subscribers shall not modify or create a derivative work of any JVDI content without the prior written permission of the AAVLD.
- AUTHENTICATION: Institutional Subscribers will make reasonable efforts to create and maintain appropriate security measures to ensure that only Authorized Users can access subscribed JVDI content online.
- IP Addresses: Institutional Subscribers affirm that all Internet Protocol ("IP") addresses provided for use of JVDI Online are controlled by the Institution exclusively for Internet Access by Authorized Users.
- Abuse: If Institutional Subscribers become aware of unauthorized access to JVDI, they will notify the AAVLD immediately and cooperate in locating and attempting to stop the specific individuals who are abusing the service. Either party may terminate the susbcription for substantial or material breach of the agreement by providing the other party with written notice in paper or electronic form. Prior to termination, the offending party will have thirty (30) days to cure breach, if curable. If the Institutional Subscriber is the breaching party and the subscription is subsequently terminated, the publisher shall make a pro rata refund of part of the subscription fee to the Institutional Subscriber, taking into account the remaining unexpired portion of the subscription period.
- ARCHIVING: Publishers acknowledge that Institutional Subscribers may participate in the LOCKSS system for archiving digitized publications. To benefit from this support, Institutional Subscribers must install a LOCKSS cache at their Institution. (See http://lockss.stanford.edu for further information.) The Institutional Subscriber may perpetually use the LOCKSS system to archive and restore JVDI content, so long as the Institutional Subscriber's use is otherwise consistent with these Guidelines. The AAVLD further acknowledges and agrees that, in using the LOCKSS system, JVDI content may be made available to other LOCKSS system participants who indicate a right to the subscribed JVDI content.
- TECHNICAL ACCESS: The AAVLD intends for the JVDI Web site to be available 24 hours per day, 7 days per week. However, AAVLD WILL NOT BE LIABLE FOR DAMAGES OR REFUNDS SHOULD THE SITE BECOME UNAVAILABLE TEMPORARILY OR ACCESS TO THE SITE BECOMES SLOW OR INCOMPLETE due to system back-up procedures, Internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make JVDI content inaccessible to Institutional subscribers. The AAVLD will make reasonable efforts to notify Institutional Subscribers of any unusually extended interruptions and will attempt to restore access to site as soon as possible. If, as a result of conditions beyond its reasonable control, the publisher is unable to provide the Institutional Subscriber with access to JVDI for a period exceeding seven (7) consecutive days, then the publisher shall extend the term of the subscription period for a corresponding period at no additional cost to the Institutional Subscriber.
- WARRANTY: The AAVLD affirms it has obtained any and all necessary permissions to license JVDI content, and that use of such content by Authorized Users in accordance with these Guidelines shall not infringe the copyright of any third party. While the AAVLD seeks to ensure the accuracy of content posted online, the AAVLD DOES NOT WARRANT OR GUARANTEE ITS ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Neither AAVLD nor Institutional subscribers shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use JVDI content.
- SEVERABILITY: If any portion of these Guidelines turn out to be invalid, illegal, under dispute, unenforceable, or in conflict with the law of any jurisdiction, the rest of the provisions shall remain applicable.
- DISPUTES: In the event of any dispute or controversy arising out of or relating to these Guidelines, the AAVLD and Institutional Subscriber agree to exercise their best efforts to resolve the dispute as soon as possible. Both parties shall, without delay, continue to perform their respective obligations that are not affected by the dispute. In no event shall a dispute arising under the terms of these guidelines, between a participating publisher and an Institutional subscriber, subject any other participating publisher to joint and several liability or shared legal responsibility of any kind.
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