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TERMS
User Terms and Conditions
This is an agreement between You and iCopyright. If You are acting on behalf of an organization, You confirm that You have the authority to bind the organization and that the organization will be bound by these terms, and the term "You" shall then refer to You and your organization. By using iCopyright's Content Services, You are agreeing to comply with and be bound by the following terms of use, which iCopyright may change from time to time. You also represent that you are at least eighteen (18) years of age.
iCopyright's Content Services include facilitating reprints, e-prints, permissions, and other forms of copyright licenses, for owners of the content and their agents. The service also includes the Clip&Copy news alerts and press clippings service. iCopyright, Inc. is a Washington corporation whose principal place of business is 4580 Klahanie Drive SE, Number 475, Issaquah, WA 98029 USA ("iCopyright").
Your Responsibilities
Your registration for these content services authorizes iCopyright to charge Your account for all copyright licenses that You approve, and/or for the Clip&Copy service, and You agree to pay the associated charges. Such charges will be displayed for Your approval before Your licensing request or order is processed and before any charges are incurred on Your part.
By accepting charges for a copyright license or reprint or other transaction, You agree to read and abide by the license agreement of that publisher (content owner). Such agreements will be displayed for Your approval before Your licensing request or order is processed and before any charges are incurred on Your part.
The content You are asking permission to use is protected by Copyright law and other intellectual property rights. In order to be granted permission to use this copyrighted material, You must submit accurate, current, and true information about You and Your intended use of the material. This information will be maintained by iCopyright in accordance with our Privacy Policy. If Your information changes, You agree to update Your iCopyright registration information promptly, and whenever You return to the service to conduct additional copyright licensing requests or transactions.
iCopyright's Responsibilities
iCopyright takes precautions to protect the integrity of Your information and to avoid loss, theft, misuse or alteration. iCopyright uses industry-standard, commercially available technology, such as firewalls and SSL (Secure Socket Layer) Encryption, to protect Your registration and online transaction information.
Compliance with Publisher Agreements; Indemnification
You are solely responsible for complying with the terms and conditions of any license, permission or other authority granted to You by any Rights Holder, Publisher, or Agent (collectively, "Publisher") using the iCopyright system, including free use permissions facilitated by iCopyright, such as "Free Print," "Free Email," and "Free Save." You are also responsible for ensuring that Your use of copyrighted materials complies with applicable laws, including but not limited to copyright law. iCopyright's service is as a clearance service--it does not grant licenses or permission to the content of Publishers using the iCopyright system. All licenses and permissions are granted solely by the Publishers, and the iCopyright service will provide you with a copy of the Publisher's license terms. iCopyright does not license content. Accordingly, You agree to hold iCopyright harmless and to defend and indemnify iCopyright against all claims arising out of any misuses or unauthorized use by You of any copyrighted materials, or arising out of any breach by You of any license or permission granted by a Publisher.
Use of Clip&Copy
If You register to receive Clip&Copy advisories of headlines and article abstracts that match your defined topics, you agree not to redistribute or republish the headlines, abstracts, or full text articles in any other form other than that provided by iCopyright, or as permitted by the owners of the content. The printing, copying, emailing, or republication or redistribution in any form, of the full-text articles available through the Clip&Copy service, is strictly prohibited. Licenses and permissions to use articles delivered through Clip&Copy are available via the iCopyright links that accompany each article.
Copyright, Patent
Contents of the iCopyright website are © 1999-2007 by iCopyright, Inc. All rights reserved. Copyright is also claimed in the compilation of materials and information on this web site, including the design, graphics, underlying HTML, text, and organization of any database(s). You should assume that everything You see or read on this Site or during use of the service is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or with written permission of iCopyright and/or Publishers.
Patents Pending in the U.S. and elsewhere.
Trademarks, Service Marks, and Logos
The following are trademarks or service marks of iCopyright, Inc.:
iCopyright
iCopyright C & Design logo ®
Clip&Copy®
All other brand names, product names, etc., are trademarks or registered trademarks of their respective owners.
Communications
By registering with iCopyright to license content, receive Clip&Copy, or to submit an inquiry to iCopyright or an iCopyright-enabled publisher, You authorize iCopyright to send you the following types of information:
- Payments and licensing transactions receipts on licenses and permissions You obtain through the iCopyright system.
- Change of status regarding any license You obtained through iCopyright, such as license revocation or expiration.
- Clip&Copy advisories, if You opt-in to receive Clip&Copy.
- iCopyright service news and promotional news, such as information about new publishers, new content, new services, or changes which may affect your account.
We will not share your personal information with third parties, except certain information related to licenses you obtain from publishers, as outlined in our Privacy Policy. You may choose to unsubscribe at any time.
Links to Third-Party Sites
iCopyright may provide links to third-party Web sites. The linked sites are not under the control of iCopyright and iCopyright is not responsible for the content of any linked site or any link contained in a linked site. iCopyright reserves the right to terminate any link or linking program at any time. iCopyright does not endorse companies or products to which it links. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk.
Disclaimer
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE ICOPYRIGHT CONTENT SERVICES ARE AND SHALL BE PROVIDED STRICTLY ON AN "AS IS" BASIS AND ICOPYRIGHT HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY: (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (IV) WARRANTY OF TITLE OR NONINFRINGEMENT. NOR DOES iCOPYRIGHT MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, ACCESSIBILITY, OR RELIABILITY OF SERVICES, SITE CONTENT OR RELATED STORAGE OR TRANSMISSION FACILITIES. iCOPYRIGHT DOES NOT WARRANT THAT SERVICES WILL BE WITHOUT ERRORS, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. USE OF THE SITE AND iCOPYRIGHT GOODS AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
iCopyright does not warrant the accuracy or completeness of publisher content or information, text, graphics, links or other items generated or served by the service or contained within this web site. iCopyright may make changes to these materials, or to the services described therein, at any time without notice. iCopyright makes no commitment to update the materials.
iCopyright is not liable for infringing material posted on this site by users or other third parties. If You believe that material posted to this site may infringe a copyright or other right, please notify our Agent for Notification of Infringement Claims:
Alex Modelski
Corporate Counsel
Business & Technology Law
14450 NE 29th Place, Suite 115
Bellevue, WA 98007
425-556-0500
alex@BusinessTechnologyLaw.com
All notices must comply with the requirements of the United States Copyright Act.
Limitation of Liability
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) WILL iCOPYRIGHT OR ITS OWNERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS INDEMNIFY OR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT OR INDIRECT DAMAGES THAT RESULT FROM THE USE, OR THE INABILITY TO USE, iCOPYRIGHT'S CONTENT SERVICES, INCLUDING, BUT NOT LIMITED TO LIBEL, DEFAMATION, VIOLATION OF PRIVACY OR PUBLICITY RIGHTS, PERSONAL INJURY, THIRD PARTY FRAUD, MISREPRESENTATION, ILLNESS, DEATH, FINES, LOST PROFITS, LOST OPPORTUNITY, LOST USE, LOST DATA, OR THOSE DAMAGES THAT OCCUR AS A RESULT OF ERRORS, DEFECTS, DELETION OF FILES, INTERRUPTIONS, OMISSIONS, MISTAKES, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE (WHETHER OR NOT ACTS OF GOD), COMMUNICATION FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO iCOPYRIGHT'S PROGRAMS, RECORDS OR SERVICES, WHETHER BASED ON TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY OR OTHERWISE EVEN IF iCOPYRIGHT OR AN iCOPYRIGHT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF iCOPYRIGHT SERVICES OR THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN AGREED REMEDY. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THESE LIMITATIONS TO BE UNENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE FEES PAID FOR THE TRANSACTION THAT RESULTED IN THE ALLEGED DAMAGE.
Entire Agreement
This agreement represents the entire and the only agreement between You and iCopyright, Inc. All agreements and licenses for the use of copyrighted materials are entered into between You and the publisher, and iCopyright shall have no obligations or liabilities arising under such agreements and licenses.
Term and Termination
This agreement shall be in effect from the first time You use the iCopyright web site or the iCopyright Content Services, including Clip&Copy. Either party may terminate this agreement at any time, with or without cause, by giving written notice of such termination. Notice to the user may be given by electronic mail to the address contained within user's registration information. Notice to iCopyright may be given by electronic mail to support@icopyright.net.
Following the termination of this Agreement for any reason, the following provisions will remain in effect and continue to bind You and iCopyright: Compliance with Publisher Agreements; Use of Clip&Copy; Indemnification; Disclaimer; Limitation of Liability; Governing Law, Venue.
Governing Law; Venue
This Agreement shall be treated as though it were executed and performed in Seattle, Washington, and shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All disputes arising out of or in connection with this Agreement shall be resolved by binding arbitration in Seattle, Washington under the rules of the American Arbitration Association. User expressly submits to the jurisdiction of said courts, and User consents to extra-territorial service of process.
iCopyright makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
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