TERMS OF SERVICE

Access.

The Columbia Granger’s® World of Poetry web site located at http://www.columbiagrangers.org/Home.html (the “Web site”) is owned and published by Columbia University Press (CUP) and is provided as a subscription service to authorized users associated with a registered subscribing institution (“Institution”). 

By your use of this Web site you agree to the Terms of Service, Privacy Policy (located at http://www.columbiagrangers.org/static/privacy), and the License and Registration Agreement (located at http://www.columbiagrangers.org/static/registration) entered into by the Institution that provides your access.  If you do not agree to be bound by these Terms of Service, do not access this Web site.

Permitted Uses.

CUP hereby grants you a non-exclusive, non-transferable, limited right to access and use this Website.  As an authorized user of the Website you may search, download, and save material, as appropriate, that is included in the Granger’s database and you may make single printed copies of individual writings for private personal use or research.  Multiple copies may be made by teachers for classroom use, provided: that no charge is made for such copies, other than a nominal charge to cover the cost of reprography; that such copies are not made or distributed for commercial advantage; and that the copies bear the appropriate CUP and third party copyright notices. An authorized user may not share hard copies or electronic copies (except in connection with classroom use) of the materials with anyone who is not an authorized user under these Terms of Service on a systematic, regular, or frequent basis.  

Materials from the Web site may not be recompiled, modified, used to prepare derivative works, or published in another format – including electronic reserves, archive copies, and course packs – without written permission from CUP, except as provided herein or in the License and Registration Agreement.

You agree not to use the Web site for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws, rules and regulations related to your use of the Web site.  Any unauthorized use or violation of these Terms of Service immediately and automatically terminates your right to use this Website and may subject you to legal liability.

Changed Terms.

CUP shall have the right at any time to change or modify the terms and
conditions applicable to your use of this Web site, including, without limitation, The Columbia Granger’s World of Poetry, or to impose new conditions with respect to such use. CUP shall have the right at any time to change or discontinue any aspect or feature of the Web site, including but not limited to content, functionality, hours of availability, and equipment needed for access or use. Such changes, modifications, or additions shall be effective immediately upon notice thereof, which may be given CUP’s sole discretion, by means including, but not limited to posting on this Web site, electronic or conventional mail, or any means by which you obtain actual knowledge. In agreeing to these Terms of Service, you are responsible for periodically checking for changes and/or updates to these Terms of Service.   Any use of this Web site and any of its contents after such notice shall be deemed to constitute acceptance by you of such changes, modifications, or additions.

Links to Third Parties.

The Web site may provide you with links or other access to other web sites, services, products or content of third parties.  We have no control over, nor do we endorse any, such web sites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We recommend you read the privacy and terms of service policies of each third party’s web site that you access.

Privacy Policy.

Please see our Privacy Policy (http://www.columbiagrangers.org/static/privacy) for additional details with respect to how we maintain and respect the privacy of your personal information.  You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

Disclaimer of Warranty; Limitation of Liability.

Neither CUP, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation: that the operation of this Web site will be uninterrupted or error-free; or as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided on or accessible from the Web site.

This Web site and all content provided herein is provided "as is" without warranties of any kind, express or implied, including without limitation, warranties of title and non-infringement and the implied warranties of merchantability or fitness for a particular purpose. Your use of this Web site and all content is at your sole risk.

Any liability on our part for damages or injury due to or in connection with accessing and/or making use of the Web site is excluded to the broadest extent permitted by law.  Under no circumstances shall we have any liability for any incidental, indirect or consequential damages, loss of profit, anticipated savings, loss of data, business interruption, loss of goodwill, claims of third parties, delay damage or punitive damages that result from the use of, or inability to use, the materials on the Web site, even if there is negligence or we (or one of our authorized representatives) have been advised of the possibility of such damages, or both.  Notwithstanding the foregoing, if we are found to be liable to you for any damage or loss which arises out of or is in any connected with your use of the Website or any content contained therein, our liability shall in no event exceed US$5.00.

You agree to protect and fully indemnify us (and/or our parent, subsidiaries and other affiliated companies) from and against any and all third-party claims, liability, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) arising from your unauthorized use of the Web site (and/or any content contained therein), or violation of these Terms of Service by you or any other user of your account (whether or not authorized).

Reservation of Intellectual Property Rights.


You do not acquire any right, title or interest in any content on the Web site by virtue of accessing the Web site or making use of the permitted uses allowed under these Terms of Service.  All copyrights in the Web site and content contained in the Web site are owned by us or our licensors.  No license to use or reproduce any logo or trademark included on the Web site is granted to you by these Terms of Service or otherwise.  The trademarks, logos, service marks and business names displayed on the Web site are protected, whether or not they are registered.  Any unauthorized use of content or information posted on the Web site and any unauthorized reproduction, retransmission or other use of any part of the Web site may infringe our or third parties’ copyrights, trademarks, privacy, publicity or other rights.   Requests for permission to reproduce any content contained in the Web site may be addressed to columbiaonline@columbia.edu

Miscellaneous.

Our rights under these Terms of Service may not be waived unless we agree to such change in writing.  These Terms of Service and your account on the Web site are personal to you and may not be transferred or assigned.  These Terms of Service are governed by U.S. federal law and the laws of the State of New York, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Web site. Use of the Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance under these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web site or information provided to or gathered by us with respect to such use.  If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.  These Terms of Service, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Web site), constitutes the entire understanding between you and us regarding the Services. A printed version of these Terms of Service and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notices and Contact Information.


We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Web site or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

Effective Date.


If you have questions or comments for us, please send them by email to columbiaonline@columbia.edu or by regular mail to Columbia Granger’s World of Poetry, Columbia University Press, 61 West 62nd Street, New York, NY 10023.

These Terms of Service are effective and were last updated on September 24, 2008.
Columbia University Press