About
Welcome to The Posen Digital Library (together with any related facilities or instrumentalities, the "PDL"), a digital archive of The Posen Foundation. The PDL makes available via the Internet articles and related materials from The Posen Foundation's book series entitled "The Posen Library of Jewish Culture and Civilization", published by Yale University Press, a department of Yale University (the "Publisher"), as well as other works and related materials. Through the PDL, The Posen Foundation seeks to provide scholars and the general public with access to relevant materials and content that have heretofore been difficult to access, to enable users to navigate through, and annotate, the content, and to provide collaboration tools.
Access and use of The Posen Digital Library is subject to the following terms and conditions of service and use (the "Terms and Conditions"), as well as applicable law. By accessing the PDL website at www.posenlibrary.com its content, including, without limitation, any registration-based features (together, the "Content"), you are accepting the practices outlined in these Terms and Conditions.
Terms & Conditions of Service
1. Use
These Terms and Conditions govern your use of the PDL. By using the PDL, you are agreeing to these Terms and Conditions. Whenever applicable, these Terms and Conditions apply to individuals and institutions accessing the PDL. Access to the PDL is available to any individual user over the age of thirteen or institution with access to the internet (hereafter "User" or "Users").
2. The Content
2.1. "Licensed Content" means scanned images and related digitized text and materials from "The Posen Library of Jewish Culture and Civilization" series published by The Posen Foundation.
2.2. "User-Generated Content" means content available on the PDL that is posted by any User of the PDL other than The Posen Foundation and which may include notes, annotations, bookmarks, tags, invitations to groups and discussion forum comments.
3. Permitted Uses
3.1. Your use of Content is limited to non-commercial purposes. As a User, you are permitted to:
(a.) Search, retrieve, view and display portions of Content on device screens.
(b.) Electronically save portions of Content onto your hard drive or other fixed storage medium.
(c.) Print out single copies of portions of Content.
3.2. Please note that, due to licensing and legal requirements, in certain instances, some of the foregoing permitted uses may not be applicable as to certain portions of Content. For example, for some Content, you may find that you will not be able to use the print function.
3.3. Multiple copies of Content may be made for educational purposes or for other, special purposes only upon receipt of written permission of The Posen Foundation or Publisher, which may be withheld for any reason.
3.4. Without limitation to the foregoing, all printing, downloading and reproduction of Content shall be made in accordance with applicable law and these Terms and Conditions.
4. Responsibilities of Users
4.1. You are responsible for maintaining the confidentiality and security of your username and password (if they are provided), and for all usage or activity on the PDL through the use of your login credentials. Except as otherwise expressly permitted for certain Content, you may not provide access to the PDL to anyone else, including by setting up an anonymous remailer for purposes of allowing access to the PDL.
4.2. You promptly shall notify the Publisher at support@posenlibrary.com of any known or suspected unauthorized use of your account or the PDL, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your username, password, or IP address. Any use of the PDL beyond the scope or in violation of these Terms and Conditions, knowing use of any password or username of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of an account, or termination of access to the PDL from an IP address, without notice and at The Posen Foundation's sole discretion.
4.3. The PDL is meant to serve as a forum for the exchange of ideas. We welcome commentary by our Users and other, appropriate User-Generated Content. Whenever you submit material or post comments to the PDL, you will use PDL in a responsible, professional manner in accordance with the law. You are responsible for your conduct while using the PDL, as well as for any content you post, distribute, transmit, or solicit from others while using it. If you provide User-Generated Content, you are thereby representing and warrantying that you are the author of that content or otherwise have the right to provide it for inclusion on the PDL, free of any third-party claims of any kind. By posting User-Generated Content, you are granting to The Posen Foundation a worldwide, perpetual, royalty-free, non-exclusive license to display your User-Generated Content on the PDL. You understand that, by posting User-Generated Content, you are granting others the right to respond to that content, criticize it, challenge its accuracy or otherwise to engage with that Content in any manner permitted under these Terms and Conditions. All User-Generated Content is subject to acceptance by The Posen Foundation and may be removed by The Posen Foundation at any time and for any reason. Acceptance of The Posen Foundation of any User-Generated Content does not imply an endorsement of that Content or its provider by either The Posen Foundation or the Publisher.
You will not use the PDL in such a way as to distribute, link-to, transmit or solicit any Content of any type that:
(a.) is knowingly false or includes misleading indications of origin or statements of fact;
(b.) is unlawful, libelous, violates a contract, or regulation;
(c.) is obscene, harmful to minors, pornographic, invasive to another's privacy, racist, unethical, or otherwise offensive;
(d.) advocates, endorses or solicits criminal behavior, violence or racism;
(e.) infringes on someone's intellectual property rights, copyright, or other right;
(f.) constitutes unauthorized or unsolicited commercial communications such as advertising or bulk or SPAM email;
(g.) contains any computer code designed to disrupt, damage or impair any computer or network systems and software, such as viruses, trojan horses, back doors, or macros, whether or not any damage occurs;
(h.) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; or
(i.) defaces or interferes with the operation of the PDL in any way.
4.4. You acknowledge and agree that any material that you submit or comment that you post to the PDL may be edited, removed, modified, and/or published by The Posen Foundation without notice. You agree to indemnify and hold The Posen Foundation and the Publisher harmless from any and all liability and costs incurred in connection with any claim arising out of your breach of the foregoing representations and warranties. You will cooperate as fully as reasonably required in the defense of any claim. The Posen Foundation reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
5. Responsibilities of The Posen Foundation
The Posen Foundation and Publisher will use reasonable efforts to provide continuous availability of the PDL, subject to periodic unavailability due to maintenance of applicable servers, the installation or testing of software, the loading of the PDL Content as it becomes available, and downtime related to equipment or services outside the control of The Posen Foundation, including public or private telecommunications services or internet nodes or facilities.
6. Prohibited Usesu>
Users shall not be permitted to:
(a.) interfere with, rent, sell, assign, sublicense, or otherwise grant rights in, publish, disclose or otherwise transfer or distribute the materials or information about the design or functionality of the PDL to any third party without prior written consent of The Posen Foundation;
(b.) attempt to override, circumvent, or disable any encryption features or software protections employed in the PDL;
(c.) incorporate Content into any publicly available database or website;
(d.) systematically print out or download Licensed Content in bulk to stock or replace print holdings, or download Licensed Content in a manner that results in the User essentially reproducing on his or her computer all or any substantial portion of the PDL or any individual component thereof;
(e.) modify, obscure, or remove any copyright notice or other attribution included in the Content;
(f.) undertake coordinated or systematic activity between or among one or more individuals or entities that, in the aggregate, constitutes distributing a significant portion of the Content.
(g.) use any Content on the PDL website whether restricted Content or otherwise for any commercial use.
7. Intellectual Property Rights.
7.1. General Intellectual Property Rights. Any trademarks, patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, moral rights and all other intellectual property rights (collectively, "Intellectual Property") relating to the PDL are proprietary to The Posen Foundation or Yale University Press, as the case may be. By using or accessing the PDL, Users have no Intellectual Property or other rights in the PDL implied or otherwise.
7.2. Credit. Any permitted use by Users of any Content of the PDL requires appropriate credit and attribution to the PDL as published by The Posen Foundation.
8. Software
The PDL uses software and other electronic tools designed to permit Users to access, use, reproduce, display, and distribute Content ("Access Software"). Use of the Access Software and its related documentation is limited to the license granted herein. Users may not copy, distribute, modify, decompile, reverse engineer, circumvent, override or disable encryptions or other protections in, or create derivative works from the Access Software.
9. Warranties and Disclaimers
9.1. Users recognize that The Posen Foundation is an aggregator of third-party Content, not the creator of the Content. The Posen Foundation represents and warrants that, under the laws of the United States and to the best of its knowledge, the use of the PDL and Licensed Content by Users in accordance with the Terms and Conditions will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Users or by any third party, nor usage of the PDL or Content by Users in violation of these Terms and Conditions. Please note that the foregoing further will not apply to certain collections of Content.
9.2. The Posen Foundation and the Publisher will not be liable, and you agree that you will not hold The Posen Foundation or the Publisher liable for, any loss, injury, claim, liability, damages, costs, or attorney's fees or disbursements of any kind that result from the unavailability of the PDL or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with a Users' use of the PDL or Content. The PDL is a free service of a non-profit foundation. In no event will The Posen Foundation or the Publisher have any liability to any User at any time, for any reason. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 9, THE PDL, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND THE POSEN FOUNDATION, THE PUBLISHER AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO PDL, CONTENT, ACCESS SOFTWARE, OR ANY PARTS OF THEM, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE POSEN FOUNDATION AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH ELECTRONIC CODE, EXCEPT THAT PUBLSIHER WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT ANY SUCH OCCURRENCES. THE POSEN FOUNDATION, THE PUBLISHER AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO ANY ERRORS OR OMISSIONS IN THE CONTENT, LIABILITY UNDER LIBEL LAWS, INFRINGEMENT OF RIGHTS OF PUBLICITY AND PRIVACY, MORAL RIGHTS, OR THE DISCLOSURE IN THE CONTENT OF CONFIDENTIAL INFORMATION AND FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTY WITH RESPECT TO ANY CLAIMS OR THREATENED CLAIMS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS CLAIMS OR THREATENED CLAIMS) RELATING TO: LINKS BETWEEN THE PDL AND OTHER SITES OR THE CONTENT ON ANY SUCH LINKED SITES; ADAPTATIONS OR MODIFICATIONS OF CONTENT; ANY USES, REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS THAT EXCEED THE PERMITTED USES (WHETHER PERMITTED BY LAW OR OTHERWISE); OR ANY USES, REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS MADE OF CONTENT (PRINTED OR EXPORTED) AFTER THE EXPIRATION OR TERMINATION OF THESE TERMS AND CONDITIONS.
10. Withdrawing Content from Posen Digital Library.
The Posen Foundation and the Publisher may withdraw Content from PDL for any reason, at any time, and without liability of any kind.
11. Privacy Policy.
Use of the PDL indicates acceptance of PDL's Privacy Policy (including the use of cookies), available at http://www.posenlibrary.com/frontend/privacy-policy as it may be amended from time to time.
12. Force Majeure.
The Posen Foundation shall not be liable for any inaccuracies as to content, usage, interruptions or failures of any other kind as to the PDL.
13. General
13.1. These Terms and Conditions shall be governed and interpreted by the laws of the State of New York, without regard to conflict of law rules. User hereby consents to the exclusive jurisdiction of the state and federal courts of New York, New York for any dispute arising out of these Terms and Conditions.
13.2. If any provision or provisions of these Terms and Conditions will be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be in any way affected or impaired. A waiver of any breach of these Terms and Conditions will not be deemed a waiver of other breaches of these Terms and Conditions.
13.3. These Terms and Conditions are subject to change. In the interest of managing the evolving needs of Users, The Posen Foundation reserves the right to modify these Terms and Conditions, or any aspect of the PDL, at any time, without prior notice. The most updated version of these Terms and Conditions will be posted on the PDL website and we urge you to click onto them periodically to make yourself aware of any changes.
13.4. Use of PDL content and participation in the PDL may be terminated for failure to comply with any terms of these Terms and Conditions or for any reason at The Posen Foundation's discretion. Users may terminate their participation in the PDL by notifying the Publisher and The Posen Foundation at support@posenlibrary.com. Upon termination, Users will immediately cease using and delete or destroy all electronic and paper copies of PDL content. User's account will be terminated, and all associated Content (such as annotations and saved searches) will be deleted.
14. Entire Agreement
These Terms and Conditions constitute the complete and exclusive agreement between you and The Posen Foundation with respect to its subject matter, and it supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated into it. Where appropriate in context in these Terms and Conditions, the use of the singular shall include the use of the plural, the conjunctive shall include the disjunctive, any shall include all, and each shall include every, and vice versa.
Effective Date: March 7, 2018
