Jisc Collections

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11 Jul 2010 - 28 Sep 2019
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Terms & Conditions
Conditions of use and sale
Welcome to our website. We and our affiliates provide access to our website (the "Jisc Collections website"), http://www.jisc-collections.ac.uk and licence our portfolio of online resources to our members subject to the conditions set out on this page.
Please read these conditions carefully before using our website. By using this website, you signify your agreement to be bound by these conditions. In addition, when you use our current or future services / librarian tools (e.g. the Journal Usage Statistics Portal (JUSP), the Electronic Licence Comparison & Analysis Tool (ELCAT), the Academic Database Assessment Tool (ADAT) or the Online Copyright Activity or the CASPER Copyright Tools), you will also be subject to the terms, guidelines and conditions applicable to that service / free tool ("Terms"). If these Terms and Conditions of use and sale are inconsistent with such Terms, the Terms will control.
conditions relating to your use of our website
conditions relating to the subscriptions to our portfolio of online resources to our members
conditions relating to both your use of our website and the subscriptions you may make
notice and procedure for making claims of infringement
notice and procedure for notifying us of defamatory content
conditions relating to your use of our website
1. Your membership account
If you use the website, you are responsible for maintaining the confidentiality of your membership account and password and for restricting access to your account (including the account members listed in the My Team, Address Book and Access Details areas in the account) to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account username or password, and that the members of staff who are placing subscription orders on this site are authorised to do so on behalf of their institution. You should take all necessary steps to ensure that the password is kept confidential and secure and you should inform us immediately if you have any reason to believe that your password has become known to anyone else (other members of staff who are authorised to access their account should have their own individual login details i.e. “user accounts” along with the appropriate user permissions such as who is allowed to place orders in addition to the account owner*, created in the My Team section of the membership account), or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us ("Jisc Collections") with are correct and complete and inform us immediately of any changes to the information that you provided (including the account members) when registering. You can access and update much of the information you provided us with in your account dashboard.
*The Account Owner has overall responsibility for managing the membership account on behalf of their institution. An account owner has full permissions i.e. your own unique username and password to access the account, being able to place orders on the site, manage subscriptions, create user accounts for other members of staff in the My Team area and determine the permission for each user, request to cancel subscriptions (where relevant), edit your own details and edit the account details.
Jisc Collections reserves the right to refuse access to the membership dashboard area (membership account area) of the website, terminate accounts, remove or edit content at our discretion.
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2. Privacy
Please review our Privacy and Cookies notice, which explains how we use any information about you that we receive.
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3. Cookies
This website uses cookies. They are used in order to make this website work, for site security, enhance the user experience, and provide information to Jisc Collections.
Please review our Privacy and Cookies notice, which also governs your visit to our website, to understand our practices. The Privacy and Cookies notice form part of the Terms and Conditions of use and sale. If there is any inconsistency between the Privacy and Cookies notice and the Terms and Conditions, the Terms and Conditions will prevail.
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4. Access to our website
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
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5. Terms of use for website access
You may use read and copy material contained on this website for personal and educational (non-commercial) purposes, but not download (other than the Licence Agreements, publications, reports, other materials which we provide on our site for downloading such as podcasts, vidcasts, flash animations / videos and page caching) or modify it, except with our express written consent. The permitted use of this website does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another party.
Data mining, robots, or similar data gathering and extraction tools by our members for educational purposes is permitted.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jisc Collections and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising our or our affiliates’ names or trademarks without our express written consent. Any unauthorised use terminates the permission to use our website.
You can create a hyperlink to the pages of our website as long as the link does not portray Jisc Collections, our affiliates, or our/their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Jisc Collections logo (including project logos) or other proprietary graphic or trademark as part of the link without our express written consent.
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6. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. By using our website you agree not to intentionally misuse it.
You understand that you, and not Jisc Collections, are responsible for all electronic communications and content sent from your computer and / or Your account to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
to cause annoyance, inconvenience or needless anxiety
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7. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you:
(a) grant Jisc Collections a non exclusive, royalty free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Jisc Collections sublicenses the right to use the name that you submit in connection with such content, if we choose
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at our request.
You represent and warrant that you or your institution / organisation own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to us: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Jisc Collections policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us for all claims brought by a third party against Jisc Collections arising out of or in connection with a breach of any of these warranties.
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8. Defamation claims
Because we host thousands of pages on the website including comments, it is not always possible for us to be immediately aware of erroneous of defamatory contents listed on the site. Accordingly, we operate on a "notice and takedown" basis. If you believe that any content on our website contains a defamatory statement, please notify us immediately by following our Notice and procedure for notifying of defamatory content. Once this procedure has been followed, we will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
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9. Copyright, authors’ rights and database rights
All content included on our website, such as text, graphics, logos, brand names, product names, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Jisc Collections or other copyright owners and is protected by English and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Jisc Collections and our affiliates and is protected by English copyright and database right laws. All software used on this website is the property of Jisc Collections, our affiliates or our software suppliers and is protected by English and international copyright and author’ rights laws.
You may not systematically extract and/or re-utilise parts of the contents of our website (apart from the uses in Clause 5) without our express written consent. You may utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website for educational purposes only. You also may not create and/or publish your own database that features substantial (eg our prices and resource listings) parts of this website without our express written consent.
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10. Intellectual Property claims
We, Jisc Collections (an operating name of Jisc Services Limited) and our affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and procedure for making claims of infringement.
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11. Trademarks
The Jisc Collections logo, the UK National Academic Archive, e–books for FE project, the Jisc national e–books observatory project, Merit, Jisc Collections for Schools, Jisc Collections for Museums, NESLi2 and the NESLi2 SMP logos and other marks indicated on our website are trademarks or registered trademarks of Jisc, in the European Union and/or other jurisdictions. Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Jisc Collections or are duly licensed from the third party rights holders. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among our members, or in any manner that disparages or discredits us. All other trademarks, images, graphics and other multimedia content not owned by us that appear on this website are the property of their respective owners.
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12. Conditions relating to subscriptions to online resources
This section deals with conditions relating to subscriptions to the online resources included in the Catalogue on our website. Please read the respective licence agreement for each resource in the catalogue to see their terms and conditions.
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13. Our contract
When you place an order to subscribe to an online resource from the catalogue on our website, you will need to confirm your acceptance of the Terms and Conditions of the respective licence agreements by proceeding to the Checkout and clicking on the “I Confirm and place order” in the Subscription Order and Acceptance Form. Once this has been done we will send you an email confirming receipt of your subscription and containing the details of your subscription. Your order represents an offer to us to subscribe to an online resource which is accepted by us when we send you an email confirmation to you that we’ve processed your subscription (the "Order confirmation email") and that your access details have been forwarded to the publisher / content provider to activate your subscription. For orders that are placed on our website where the publisher/content provider is responsible for processing the invoices, we will send you an email confirmation that we’ve processed your subscription order request (the "Subscription order request email"). That acceptance will be complete at the time we send the Order Confirmation email or Subscription order request email (for subscriptions where the publisher/content provider is responsible for processing the invoices) to you. Any online resources on the same order which we have not confirmed in an Order confirmation email or Subscription order request email (for subscriptions where the publisher/content provider is responsible for processing the invoices) do not form part of that contract.
If all or part of your order includes an option to pay by credit / debit card, the order will not be complete until the card has been authorised online by your issuing bank via our Payment Service Provider SagePay. If the card authorisation fails in our payment gateway then you will be prompted to try again or choose an alternative payment option in order to complete your subscription order and acceptance. Once the card has been successfully authorised in SagePay we will send you an email confirming receipt of your subscription and containing the details of your subscription. Please note that we can only process these payments against sterling (GBP) invoice(s) that are automatically generated from an order that is placed on our website (i.e. Sublicence priced orders). Please note that we are unable to take credit or debit card payments for sterling invoices with a total payable amount of over £100,000.00. All other sublicence priced orders that are not in sterling and sublicence manual orders will need to be paid for separately either via bank transfer or cheque. If you have any queries regarding credit / debit card payments, please contact our Subscription Helpdesk or call us on +44 (0)20 3006 6088.
Your subscription order request represents an offer to us to participate in a journals agreement (Jisc Collections journals offer) for e-journal content, which is processed when an order request is confirmed via either the Jisc Collections Helpdesk, the publisher, or via a subscription agent, and when you click on the “I Confirm and place order” in the Subscription Order and Acceptance Form. The order destinations are dependent upon which routes the journals can be ordered from for the Jisc Collections journals offer in question. If the Terms and Conditions of the respective licence agreements for a Jisc Collections journals offer can be accepted at the same time the order request is being placed (where the Licence Acceptance Status is set as “Final Licence” in the Subscription Order and Acceptance Form), the acceptance of your order request will be complete at the time we send the Jisc Collections journals offer participation request email. If the Terms and Conditions of the respective licence agreements for a Jisc Collections journals offer cannot be accepted at the same time the order request is being placed (where the Licence Acceptance Status is set as “Licence Pending” in the Subscription Order and Acceptance Form), the acceptance of your order request will be partially complete at the time we send the Jisc Collections journals (NESLi2) offer participation request email, as the licence agreement will need to be accepted at a later date.
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13. Subscription cancellations
In most cases when you subscribe to an online resource from our catalogue on behalf of your institution, subscribers are legally bound to the payment of the full total subscription fees relevant to their institution for the remainder of the agreement. In support of the International Coalition of Library Consortia (ICOLC) statement on the Global Economic Crisis and Its Impact on Consortia Licenses, we have so far successfully negotiated opt–out clauses in most of our most recent renewal agreements and for new agreements. Please read the licence agreements for each respective resource. To check to whether an opt–out clause is included in an agreement, please see the "Term and Termination" clause.
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14. Pricing
All prices are exclusive of VAT unless stated otherwise. Subscription prices are currently quoted in either of the following currencies: sterling, Euros, US dollars or Swiss francs.
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15. Other businesses
Our website may contain links to websites of affiliated companies which includes publishers, content providers and Jisc funded services. We are not responsible for the content or practices of such websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. We share information you have provided to us with third parties who are involved in the administration of your subscription. Please see our Privacy and Cookies notice for further details.
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16. Electronic communications
When you visit our website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices your member dashboard or on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
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17. Losses
We will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for subscriptions to online resources by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for subscription to online resources by us to you was formed. We do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
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18. Alteration of service or amendments to the conditions
We reserve the right to make changes to our website, policies, and these Conditions of use and sale at any time. You will be subject to the policies and Conditions of use and sale in force at the time that you use the website or that you subscribe to online resources from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
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19. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
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20. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
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21. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of England. You agree, as we do, to submit to the non exclusive jurisdiction of the courts of England.
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22. Our details
Jisc Collections is an operating name of Jisc Services Limited, a not-for-profit company which is registered in England under company number 2881024.
This website is owned and operated by Jisc Services Limited.
Jisc Services Limited
One Castlepark
Tower Hill
Bristol
BS2 0JA
Registered in England and Wales No. 2881024
VAT Number: GB 197 0632 86
You can contact us by visiting www.jisc-collections.ac.uk/Contact-us/
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Notice and procedure for making claims of infringement
Jisc Collections is an operating name of Jisc Services Limited. We respond expeditiously to intellectual property rights owners who complete and submit the Notice form (below) to communicate concerns of any alleged infringement.
Upon receipt of a Notice form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to us and our affiliates the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify us and our affiliates for all claims brought by a third party against us or our affiliates arising out of or in connection with the submission of a Notice form.
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Important Warning: giving false, misleading or inaccurate information in the Notice to us may result in civil liability. You should contact a solicitor should you have any questions.
Notice form:
If you believe that your intellectual property is being violated by an item or information on our website, you may fill out the Notice form (below) using the corresponding numbered paragraphs to frame your communication. This signed form can be sent via PDF or Fax to:
email PDF: help.digitalresources@jisc.ac.uk
Subject Line: Claim of infringement
or
FAX: +44 (020) 7240 9748
(We will accept a signed PDF via email with the subject line "Claim of infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism). An example of a completed Notice form is enclosed below.
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
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Notice Form
Re: Jisc Collections (an operating name of Jisc Services Limited)
I, [INSERT FULL NAME AND TITLE] of [INSTITUTION/COMPANY NAME, IF APPLICABLE], state as follows:
(1) Contact information:
(a) Your and/or your institution’s/company’s name, address, telephone number and contact email address;
(b) The contact email address and/or name which we will provide to third party sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorise us to use the contact information you provide in (1)(a).
(2) Allegation of infringed right:
(a) A detailed description of where the information that you claim is infringing your rights is located on our website.
(b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent).
[REPEAT (2)(a–b) as necessary for multiple items, see example Notice form here.]
(3) Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
(4) Include the following statement: "I represent, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
(5) Sign the Notice Form.
An example of a completed Notice form is enclosed below.
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Notice and procedure for notifying Jisc Collections of defamatory content
If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by copying the Notice to Jisc Collections of defamatory content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a printed signed copy to: Defamation Notices, Jisc Collections, Brettenham House, Ground Floor, 5 Lancaster Place, London, WC2E 7EN, United Kingdom. Please note that this procedure is exclusively for notifying us of defamatory content on or advertised for sale on the our website. Please provide your address, telephone number, and email address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to Jisc Collections of defamatory content may result in civil and criminal liability.
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Notice to Jisc Collections of defamatory content
In the matter of the Jisc Collections website
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website www.jisc-collections.ac.uk ("the Jisc Collections website"). I make this statement in support of my giving Jisc Collections notice that, via the website, it is causing or contributing to the publication of a defamatory statement.
2. The defamatory words (delete whichever paragraph is not applicable):
(a) appear in an online resource being sold by Jisc Collections via the website entitled [please state the name of the resource]. The defamatory words appear on page [please state the page number(s) where you consider there are defamatory words].
OR
(b) appear on the website at [please cut and paste the address of the relevant webpage from the website where the defamatory words appear].
3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
4. These words are defamatory because [please state why you consider the words are defamatory].
5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Signed:
Dated:
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Related Topics
Changes to the conditions of use and sale
The conditions of use and sale was last updated 27 April 2015.
Privacy & cookies Terms & conditions Accessibility statement Site map
Jisc Collections addresses
London office
Jisc Collections
First Floor
Brettenham House
5 Lancaster Place
London
WC2E 7EN
TEL: +44 (0)20 3006 6000
FAX: +44 (0)20 7240 9748
Oxford office
Jisc Collections Helpdesk
Unit 7
North Leigh Business Park
North Leigh
Oxfordshire
OX29 6SW
TEL: +44 (0)20 3006 6088
help.digitalresources@jisc.ac.uk
Jisc Collections projects
Home
Institution as E-textbook Publisher
Jisc Monitor
Knowledge Base +
SCOAP3
Investigating OA Monograph Services
Reference Online
Journals Usage Statistics Portal
Entitlement Registry Project
JCS Online Resources
Project Merit
Jisc Collections is funded by
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