Liberties

Welcome to the Liberties Journal Foundation’s digital platform found at https:// libertiesjournal.com/ (the “Site”). By accessing the Licensed Content (as defined below) on the Site, you accept and agree to be legally bound by the terms and conditions set forth below, as they may be amended or supplemented from time to time.

1. Definitions

For purposes of these terms and conditions, the following definitions apply:

“Authorized User(s)” means each Institutional Authorized User and each Individual Authorized User.

“Individual Authorized User(s)” means individuals who (a) register for a free individual account that enables such individuals access to a limited amount of Licensed Content for fixed periods of time or (b) purchase an annual subscription to license the Licensed Content on such individuals’ own behalf.

“Institutional Authorized User(s) means (a) current full and part-time students and employees of The Institutional Subscriber or (b) patrons who are physically present on The Institutional Subscriber’s premises, provided that any individual not present on the campus of The Institutional Subscriber shall only be entitled to access the Licensed Content on the Site to the extent such individuals are authenticated by The Institutional Subscriber as an authorized user.

“Liberties” means Liberties Journal Foundation with its principal place of business at 1604 New Hampshire Avenue, NW, Washington, DC 20009, which operates an online journal of culture and politics available on an annual basis.

“Licensed Content” means the electronic version of articles, data and commentary from the publication known as Liberties – A Journal of Culture and Politics, including the content from the current issue once it is made available on the Site and digitized archival content from Liberties, as well as supplemental information, content and features made available by Liberties from time to time through the Site.

“Service Commencement Date” means the first date on which Liberties has activated service to (a) The Institutional Subscriber (with respect to Institutional Authorized Users) or (b) the Individual Authorized User (with respect to Individual Authorized Users), as applicable, to access the Licensed Content on the Site.

“The Institutional Subscriber” means the institution, namely a college, university, secondary school, public library, museum, foundation, government agency, research center, for-profit organization or scholarly society, which is licensing the Licensed Content on behalf of certain authorized users.

“you” means, as applicable, The Authorized User accessing, or The Institutional Subscriber granting Institutional Authorized Users access to, the Licensed Content on the Site.

2. Grant of License

Subject to the terms and conditions herein, Liberties hereby grants (a) you, to the extent that you are an Authorized User, and you hereby accept, a non-exclusive, non- transferable license (with no sublicense rights), during the Term, to access and view the Licensed Content for research and educational purposes and (b) you, to the extent that you are The Institutional Subscriber, and you hereby accept, a non-exclusive, non-transferable license (with no sublicense rights) to allow your Institutional Authorized Users, during the Term, to access and view the Licensed Content for research and educational purposes, provided that such access and viewing is via a secure server over which you have sufficient control to limit distribution of the Licensed Content to your Institutional Authorized Users.

3. License Limitations

Liberties hereby reserves the right to determine the scope and selection of content that is made available as part of the Licensed Content at all times. You expressly acknowledge that these terms and conditions do not convey to you any right, title or interest in the Licensed Content (or any intellectual property included therein) except for the right to use the Licensed Content and the Site in accordance with these terms and conditions.

4. Prohibited Uses

You expressly acknowledge and agree that the Site and the Licensed Content will be for the educational, research, non-commercial use of Authorized Users only, and that you do not have the right to, or with respect to The Institutional Subscriber, the right to permit Institutional Authorized Users to:

1. modify, adapt, retransmit, resell, redistribute, reproduce, publicly perform, publicly display, print, download, transfer or compile the Licensed Content, in whole or in part, including without limitation for purposes of creating course books, electronic or physical reserves or archives or printed educational materials, or for any commercial endeavors, except as approved in advance in writing by Liberties;
2. remove or alter the authors’ names or Liberties’ copyright notices or other means of identification or disclaimers as they appear in the Licensed Content or the Site; or
3. attempt to override, circumvent or disable any encryption features or software protections employed by Liberties’ platforms or the Site or undertake any activity such as the use of computer programs that automatically download or export the Licensed Content or provide a password or login details to anyone not authorized to have them.

Further, to the extent that you are able to submit material or post comments on the Site, you hereby represent and warrant that you will not upload or otherwise publish through the Site any materials that: (i) violate copyright, other intellectual property or third-party rights; (ii) are libelous, defamatory, obscene, pornographic, hateful, abusive or invasive of another’s privacy; or

(iii) contain a virus, spyware or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You hereby agree that Liberties may edit, remove or modify any material or comment that you submit or post. In addition, you hereby acknowledge and agree that Liberties may reproduce, distribute or otherwise use any material or comments that you make publicly available via the Site.

5. Institutional Access to Licensed Content

With respect to Institutional Authorized Users, Liberties offers The Institutional Subscribers’ specified IP range access to the Site and the Licensed Content. To the extent that you are The Institutional Subscriber, you hereby acknowledge and agree that you will ensure that access to the Site will be limited to only Institutional Authorized Users and to notify Liberties promptly of any instances in which you become aware that users other than Authorized Users may have obtained access to the Site, or whereby Authorized Users may have exceeded or intend to exceed the scope of the license granted herein. To the extent that you are The Institutional Subscriber, you hereby further agree to make reasonable efforts to assist Liberties in identifying the source of the unauthorized use and in addressing the matter. Liberties hereby reserves the right to disable the offending IP range’s access to the Site to protect the Licensed Content, or as otherwise required by legal authority or process of law. To the extent that you are The Institutional Subscriber, you hereby further acknowledge and agree that you are responsible for ensuring that Institutional Authorized Users maintain the security of their usernames and passwords and for all other usage or activity made through your account and your Authorized Users’ accounts

6. Management of the Site

Liberties hereby reserves the right, at its sole discretion, to block or remove from the Site any content which Liberties believes may be illegal or harmful to Liberties in any way or which conflicts with Liberties’ obligations to third parties.

7. Quality of Service

Liberties will make reasonable efforts to ensure uninterrupted online access to and continuous availability of the Site to you in accordance with this license, and to restore access to the Site as promptly as possible in the event of an interruption or suspension of the service which is not attributable to any third-party service provider over which Liberties has no control (e.g., an Internet or telecommunications service provider).

8. Terms of Payment

You, as the Individual Authorized User or, on behalf of the Institutional Authorized Users, The Institutional Subscriber, hereby agree(s) to pay Liberties a nonrefundable annual subscription fee (the “Annual Subscription Fee”). The Annual Subscription Fee will be due prior to the Service Commencement Date. The Institutional Subscriber or the Individual Authorized User, as applicable, will be responsible for the payment of all taxes and duties assessed in connection with the license granted herein.

9. Ownership, Confidentiality, and Reporting

1. Licensed Content and Trademarks. You hereby acknowledge that Liberties and its licensors and suppliers own all worldwide right, title and interest in and to the Licensed Content, and all related information, software, data, layouts and formats made available by Liberties or through the Site, including, but not limited to, all copyrights, trademarks, service marks, logos and other worldwide intellectual property rights therein.
2. Usage Data. All data collected by or on behalf of Liberties relating to any use of the Site or the Licensed Content by you is and shall remain at all times the sole property of Liberties. Liberties agrees that any data relating to the usage of the Licensed Content by you will be used in accordance with the Site’s privacy policy as set forth on https://libertiesjournal.com/privacy- policy/, as may be updated and amended.

10. Term and Termination

1. Term. For Individual Authorized Users, the initial term shall commence on the Service Commencement Date and terminate twelve (12) months following the Service Commencement Date. For Institutional Authorized Users, the initial term shall commence on the Service Commencement Date and terminate twelve (12) months following the first date on which any Institutional Authorized User of The Institutional Subscriber is granted access to the Licensed Content on the Site.
2. Termination. Liberties may terminate its obligations to you if you materially breach any of your obligations hereunder. Upon any termination or expiration hereunder: (i) the license rights granted herein immediately terminate; (ii) you shall promptly discontinue any use of the Licensed Content and the Site; and (iii) the provisions of Sections 9, 11 and 12 will survive.
3. Your Termination. In the event of any unauthorized use of the Licensed Materials or the Site by you, you shall cooperate with Liberties in the investigation of any such unauthorized use if requested to do so by Liberties and shall use reasonable efforts to remedy such unauthorized use and prevent its recurrence. Further, Liberties may terminate your access, or with respect to The Licensed Subscriber, the applicable Institutional Authorized User(s)’ access, to the Licensed Materials and the Site immediately (e.g., by blocking an individual user’s IP address), provided that Liberties must notify The Licensed Subscriber of any such termination of its Institutional Authorized Users.
4. Force Majeure. Liberties may delay or default in performing its obligations hereunder, and shall not be in breach hereunder, if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God, government restrictions (including, without limitation, the denial or cancellation of any export or other necessary license), wars, insurrections, public health crises, pandemics, labor disputes, earthquakes or other natural events, or any other cause beyond the reasonable control of Liberties.

11. Limited Liability

Liberties will not be liable, and you hereby agree that you will not hold Liberties liable, for any loss, injury, claim, liability, damage, cost or attorneys’ fee of any kind that results from the unavailability, delay or interruption of the Site or the Licensed Content, or arising out of or in connection with your or your Authorized Users’ use of the Site or the Licensed Content in violation of these terms and conditions. As Liberties is a not-for-profit organization, in no event will Liberties’ liability to you exceed the fees paid by you for the Licensed Content for the then-current year. THE SITE AND THE LICENSED CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND LIBERTIES DISCLAIMS ANY AND ALL 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 Q U A L I T Y, P E R F O R M A N C E ,  N O N – I N F R I N G E M E N T,  C O M PAT I B I L I T Y, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Liberties 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 Liberties will exercise a reasonable level of care to prevent such occurrences. In addition, Liberties 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.

Further, Liberties seeks to serve a wide range of audiences, including audiences of different age groups, in the scholarly and educational communities. Liberties makes no representations or warranties of any kind, and will not be held liable in any way, for any Licensed Content that might be deemed offensive, inflammatory, obscene, defamatory or otherwise unsuitable for some users. Notwithstanding anything to the contrary herein, The Institutional Subscriber is solely responsible for determining whether the Licensed 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 the Licensed Content to audiences of different age groups; and (b) any law regulating children’s use of the internet.

12. Amendment

To manage the evolving needs of the Authorized Users and the Licensed Content providers and contributors, Liberties hereby reserves the right to reasonably modify these terms and conditions, at any time, however, Liberties intends that such modifications shall not materially detract from the scope of the license granted herein. The most updated of these terms and conditions will be posted on the Site, and Liberties will notify you via email of material modifications. A material modification will become effective for you if you do not object in writing to Liberties within sixty (60) days from the time Liberties emails notice of the material modification. In the event of such an objection, Liberties shall make reasonable efforts to address any concerns, or you will have the right to terminate on thirty (30) days written notice.

13. Institutional Participation Agreement

With respect to Institutional Authorized Users, please note that your use of the Licensed Content and the Site may be subject to a separate agreement between The Institutional Subscriber and Liberties. If that agreement has different terms, those terms will have precedence over these terms and conditions.