Terms of Use

This Website and its contents are the property of the Bibliographical Society of America (“BSA”). This webpage states the “Terms of Use” for the use of the BSA websites, bibsocamer.org and bibsite.org (referred to collectively as the “Website”). Contributors submitting materials for posting on BibSite are in addition subject to the BibSite Terms of Use. By using the Website, you agree to be bound by these Terms of Use. The BSA may revise these Terms of Use at any time by updating this posting. The terms “You” and “User” refer to anyone who is accessing the Website. If you are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with the BSA, but you are nevertheless individually bound by these Terms of Use.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THIS WEBSITE. 

 

Ownership of Copyrights, Trademarks, and Other Intellectual Property

Unless another copyright is indicated, the entire contents of the Website, including the text, graphics, images, logos, button icons, HTML code, and other material are copyrighted by the BSA under the copyright laws of the United States. User agrees not to remove or obscure copyright notices appearing on the Website. The BSA grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to the BSA; limited use of the materials is permitted only as expressly stated in the terms below.  Permission for other uses of the Website content may be granted in special circumstances on a case-by-case basis.  Please direct any request to use content to the BSA Executive Director.

Permitted and Prohibited Uses of BSA Materials Posted on the Website

Permitted Uses of Materials

  1. User conducting personal, noncommercial research may view, print, and temporarily store materials from the Website, provided that the copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.
  2. BSA or BibSite contributors may grant Open Access licenses or other licenses to Users to selected materials, and Users will be bound by the terms of such licenses.
  3. User may share BSA materials by utilizing the “share” or “available” icon displayed in conjunction with the materials posted on the Website and the BSA’s YouTube channel.
  4. Any use other than as described in paragraphs 1 – 3 above requires prior written permission from the BSA. Please direct any request by emailing the BSA Executive Director.

Prohibited Uses of Materials

  1. Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter, or create derivative works of the materials contained in the Website without prior written permission from the BSA.
  2. User agrees that materials may not be commercially exploited or sold to third parties without prior written authorization from the BSA.
  3. User agrees that materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials.

Name and Logo

User agrees not to use the names “Bibliographical Society of America,” “BSA,” “BibSite,” or the logos of these entities for any promotional, commercial, or any other purpose without the prior written consent of the BSA.

Website Security

User agrees not to access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems, or other users, and not to attempt to interfere in any way with the operation or security of the Website. User agrees not to transmit any virus or worm to the Website; not to use any spider, robot, or any other automated mechanism to access the Website and/or its servers or systems; and not to engage in flooding, spamming, mail-bombing, crashing, or otherwise sending unsolicited e-mail to other users of the Website.

User further agrees not to access any part of the Website not intended for public use, not to log on to any BSA server or account not authorized for public access, and not to probe, scan, or test the vulnerability of any system or network related in any way to the Website, unless authorized to perform any of these specific functions.  None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recording, or otherwise), resold, or redistributed without the prior written permission of the BSA. User agrees to comply with all applicable laws, as well as with these Terms of Use.  User agrees not to engage in any unlawful or commercial activity on the Website.

Registration and Password

BSA members may access PBSA online on the University of Chicago Journal’s Division website via their MemberPlanet user account, subject to MemberPlanet’s terms of service and privacy policy. Users are responsible for all activity associated with MemberPlanet, including maintaining the confidentiality of their information and password.

Termination of Account

The BSA reserves the right, at its sole discretion, to pursue all of its legal remedies upon any breach by User of these Terms of Use or if the BSA is unable to verify or authenticate any information that User submits to the Website for registration. Such remedies include but are not limited to deletion of User’s postings from the Website, immediate termination of User’s registration with the Website, and elimination of User’s ability to access the Website and/or any other service provided to User by the BSA.  The BSA shall not be liable to User n or any third party for any termination of User’s account or access to the Website.

Waiver of Liability

Content hosted on BibSite and metadata associated with that content are subject to the BibSite Editorial and Moderation policy, but the BSA does not otherwise screen or censor User-generated content made available on the Website. The BSA is NOT LIABLE for any content posted on the website.  User assumes all risks associated with dealing with other users with whom User comes in contact through the Website.  Should a dispute arise between User and another user, User hereby agrees to release the BSA from all claims, demand, and damages associated with such a dispute.

IN NO EVENT SHALL THE BSA OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BSA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranties

THE CONTENT THAT IS POSTED ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.  THE BSA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  THE BSA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW.

THE BSA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF USE OF THE WEBSITE OR THE MATERIAL RESULTS IN USER’S NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE BSA IS NOT RESPONSIBLE FOR THOSE COSTS.

Links to Other Sites

The Website may contain links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement by the BSA of the third-party or the contents of such third-party websites.  Because the BSA does not have any control over such third-party websites, the BSA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites.  Linking to third-party websites is performed at User’s own risk.

Indemnity

User agrees to defend, indemnify, and hold harmless the BSA, its officers, directors, employees and agents, from and against any claims, actions, or demands, including without limitation reasonable legal fees, resulting from use of the Website or User’s breach of the Terms of Use, including, without limitation, User’s submission of content that violates third party rights or applicable law.  The BSA shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit or proceeding.

Foreign Access

If User accesses this Website from outside the United States, User does so at User’s own risk.  User agrees to comply with all applicable local rules and laws regarding the transmission of technical data exported from the United States or the country in which User resides.

Governing Law

These Terms of Use are governed by laws of the state of New York. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within the state of New York. If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

 

Effective Date: March 14, 2022