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Terms & Conditions: Institutional IP-Access Subscriptions

(Published: October 3, 2022)

Article 1. General

These terms and conditions will apply to the offer of institution-wide IP-access for universities, libraries and other institutions, with or without an included subscription to the print issues of the European Review of Book (or: the licencer) as stated on the website: https://europeanreviewofbooks.com/libraries-institutions 

By concluding the Subscription Agreement for Institutional IP-access, the Subscriber declares that they are familiar with and agree to these Terms and Conditions for Institutional IP-access subscriptions.

The provisions of these Terms & Conditions for Institutional IP-access Subscriptions may only be deviated from by means of a written agreement between the European Review of Books (ERB) and the institutional Subscriber. In that case, the other provisions of these Terms & Conditions for Institutional IP-access Subscriptions will remain in full force, in addition to the agreed deviation.

ERB reserves the right to change these Terms & Conditions for Institutional IP-access Subscriptions at any time. Any amendments will be published on www.europeanreviewofbooks.com. The amended Terms & Conditions for Institutional IP-access Subscriptions shall apply to all existing and future Institutional IP-access Subscription Agreements as of the effective date, even if they were concluded prior to the amendment of the Terms & Conditions for Institutional IP-access Subscriptions.

The ERB holds the copyright for all works published in the licensed material, as a compilation and as individual articles, unless otherwise expressly noted.

Neither the Subscriber nor any Authorised User shall claim ownership of the Licensed Material, or any intellectual property rights in the Licensed Material, by virtue of their use of or access to the Licensed Material.

The Subscriber acknowledges that all right, title and interest in and to the License Material remain with ERB and its suppliers and that the unauthorized redistribution of the Licensed Material could materially and irreparably harm ERB and its suppliers.  

Article 2. Description of the subscription

A. The European Review of Books shall:
…make the licensed material available via their website. ERB will use reasonable efforts to provide the Licensed Material with a quality of service consistent with industrial standards. ERB will not be liable for damages or refunds should the Licensed Material become unavailable, slow or incomplete due to willing or unwilling attempts to damage the website and servers, to system back-up procedures, internet traffic volume, upgrades, overload of demand on the servers, general network failures or delays, or any other cause which may from time to time make the Licensed Materials unavailable to the Subscriber. The ERB commits to restoring acces as soon as possible in these circumstances.
…grant the Subscriber a non-exclusive, revocable, non-transferable right to allow Authorised Users to access and use the Licensed Material by means of a Secure Network (operated and controlled by the Subscriber that is accessible only to Authorised Users) for the purpose of personal research, teaching education and private study. 

Authorized Users
…authorized users are users who are authorized by the Subscriber to access the Licensed Material as faculty members, students, staff and researchers, librarians or contractors of the Subscriber and individuals who are using computer terminals within the library at the Sites permitted by the Subscriber to access the Licensed Material for the purposes of personal research, education private study or other non- corporate use.

B. The Subscriber, or licensee shall:
…limit access to and use of the Licensed Material to Authorized Users and notify Authorised Users of the terms and conditions of use governing access to Licensed Material.
…guarantee that all IP addresses in the range registered for access are valid, correspond to the geographical site(s) of the Subscriber and are attributable to the Subscriber.
…be held responsible for creating and maintaining suitable security measures to ensure that only Authorised Users can access the Licensed Material via Subscriber’s IP-addresses.
…issue any passwords or credentials used to access the Licensed Material only to Authorized Users, not divulge any passwords or credentials to any third party and notify all Authorized Users not to divulge any passwords or credentials to any third party and not make agreements for access to the Licensed Material with any third party (individuals, organisations, vendors, affiliates or partners).

If the Subscriber becomes aware of unauthorised access to the Licensed Material, the Subscriber will notify the Publisher immediately and co-operate in attempting to stop this abusing of the service. If the specific abuser(s) cannot be identified or stopped, the Publisher has the right to withhold, suspend or terminate access to all or any portion of the Licensed Material, without liability.

Permitted Use of the material by Subscriber and Authorised Users. 
They may:

  • access, search, browse and view the Licensed Material;

  • download and save only one file and print only one copy of a reasonable portion from the Licensed Material for their own personal use;

  • store individual journal articles from the Licensed Material only in a secure private library for the Authorised User’s own personal use only and not into any institutional or other repository;

  • use a reasonable portion of the Licensed Material in the preparation of course packs or other educational materials for those students that are Authorised Users. Each article must carry acknowledgement of the source, title, author(s) and publisher. Copies of such items shall be deleted by the Subscriber when they are no longer required for such purpose;

  • provide print or electronic copies of individual items from the Licensed Material to other Authorized Users and third party colleagues for their scholarly or research use;

  • access links created by the Subscriber to the Licensed Material from library catalogues.

Non-Permitted Use of the material by Subscriber and Authorized Users. 
They may not:

  • abridge, modify, translate or create any derivative work based on the Licensed Material;

  • make additional copies (either sporadically or systematically, either printed or electronic), of the Licensed Material either wholly or in part for any purpose, except as provided in the “Permitted uses” section above;

  • substantially or systematically reproduce, retain or redistribute the Licensed Material or distribute the Licensed Material through online file sharing systems, electronic mailing or any other means which may allow access to the Licensed Material by individuals other than the Authorised Users;

  • incorporate journal articles from of Licensed Material into any institutional or other repository;

  • post journal articles from the Licensed Material on scholarly collaboration networks or social media;

  • use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices to continuously and automatically search, scrape, deep link the Licensed Material; decompilation is strictly prohibited;

  • use all or any part of the Licensed Material for any Commercial Use;

  • remove, cover, overlay, obscure, block, or change any copyright notices or terms of use as they appear in the Licensed Material;

  • use any trademark, logo, or other proprietary information of the Publisher;

  • modify, abridge, translate or create any derivative work based on the Licensed Material.

Article 3. Duration

The Subscription Agreement is entered for the agreed period of one year. 

The Subscription Agreement will be tacitly renewed for a successive term of one year at the subscription rate applicable at that time, unless the Subscriber cancels the Subscription Agreement no later than one month before the end of the current subscription period.

Upon receipt of the cancellation by the Subscriber, ERB will cancel the Subscriber account and Subscriber will no longer have access to the website and the content that was published during the years that Subscriber was granted access.

The Publisher may rescind the Subscription Agreement if the Subscriber commits a breach of any provision of this Agreement and fails to remedy such breach within 10 days of notification in writing by the Publisher. On rescission of this Agreement for just cause, access to the Licensed Material by the Subscriber shall be terminated.

Article 4. Payment

The Subscriber will pay to ERB the fees set forth in the Subscription Agreement within thirty (30) days of the date of invoice. Late payment will be subject to interest charges of 1 % per month on the unpaid balance.

Article 5. Indemnities
The Subscriber shall indemnify the Publisher for any violation of this Agreement or of any third party’s right (including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy right).

The Subscriber shall indemnify the Publisher for any damage arising from unauthorised use or dissemination of the Licensed Material.

Article 6. Withdrawal of content 

ERB reserves the right to withdraw from the Licensed Material content that it no longer retains the right to provide or that it has reasonable grounds to believe is unlawful, harmful, false or infringing. 

Article 7. No waiver

The failure of the ERB to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. 

Subscriber agrees that any claim arising out of or related to the use of the Subscription or the application of the Subscription Agreement must be filed within twelve months after such claim or cause of action arose.

Article 8. Letters to the editor and comments or material

Any comments, materials, or letters sent by Subscribers to ERB regarding the site or its contents, including questions, comments, suggestions, criticisms and the like shall be deemed to be non-confidential and free from claims of proprietary or personal rights, unless Subscriber explicitly states in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be disseminated. ERB shall have no obligation with respect to such received material and ERB shall be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the received material without limitation or restriction.

Article 9. Modification

No modification, amendment or waiver of any provision of the Subscription Agreement will be valid unless in writing and signed by parties

Article 10. Privacy 

The information provided by the Subscriber to ERB will be included in a database, which will be used for, among other things, the performance of the Subscription Agreement. ERB's privacy policy can be found at www.europeanreviewofbooks.com/privacy-policy. 

Article 11. Liability of ERB

Subscriber expressly understands and agrees that ERB shall not be liable for any damages resulting from the use of or inability to use the Subscription and any other matter related to the Subscription.

The Subscriber is solely responsible for keeping the account’s password confidential and for all use of or activity with their europeanreviewofbooks.com account.

ERB assumes no responsibility or liability for the timeliness, deletion, misdelivery, or failure to store any user communications or personal settings, unless liability is compelled by law or the ERB Privacy Rules. 

Article 12. Limitation of liability

Except for express warranties and indemnities stated herein and to the extend permitted by applicable law, in no event ERB or its suppliers shall be liable for any damages including, but not limited to, loss of data, business interruption or loss of profits arising out of or in connection with the Subscription Agreement.
ERB expressly disclaims all warranties and representations of any kind with regard to the Licensed Material and any other data, documentation or materials provided in connection with this Subscription Agreement, including but not limited to any errors, inaccuracies, omissions and any implied or express warranty as to merchantability or fitness for a particular purpose.  

Subscriber agrees that in no event shall ERB’s aggregate liability (cumulative or otherwise) to Subscriber under this Subscription Agreement exceed the amount of the annual Subscription Fee paid by Subscriber. 

Article 13. Force majeure

Neither Party’s delay or failure to perform any provision of this Subscription Agreement as a result of circumstances beyond it’s control (including but not limited to war, strikes, pandemics, fires, floods, embargos, power failures, telecom- or Internet failures or damages to any network facilities or servers) will be deemed a breach of this Agreement.   

Article 14. Mandatory law

If one or more provisions of these General Subscription Conditions for Institutional IP-access Subscriptions and/or of a Subscription Agreement is deemed to be in conflict with mandatory provisions, the provision concerned will lapse and ERB will replace it with a provision permissible by law which corresponds as far as possible with the purport of the lapsed provision. 

Article 17. Applicable law and competent court

All Subscription Agreements and these General Terms and Conditions for Institutional IP-access Subscriptions are governed exclusively by Dutch law.

The competent court in Amsterdam shall have exclusive jurisdiction to hear any dispute arising from Subscription Agreements and/or these General Terms and Conditions of Subscription.