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Terms of Use

Welcome to the main Web site of the MIT Press. The MIT Press operates several websites, including mitpress.mit.edu, direct.mit.edu, and other websites (collectively, the “MITP Sites”). The goal of the MITP Sites  is to: (a) provide to the largest group of people possible access to a broad range of quality information about our publications and services and (b) permit end users open access to certain books and journals, consistent with MIT Press’s history of being a leader in open access book and journal publishing since 1995. To set forth the terms by which we can disseminate information about our publications and services and make knowledge more open and accessible, we have established these Terms of Use. By using the MITP Sites, and accessing any content accessible from the MITP Sites, you (“Users,” “you,” “your”) agree to be legally bound, and to abide by, by the following terms and conditions (“Terms of Use”).  

INFORMATION ABOUT YOU AND YOUR USE OF THE MITP SITES

All information MIT collects through the MITP Sites is subject to our Privacy Policy. By using the MITP Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the MITP Sites are the property of MIT and other parties. All rights are reserved.

CONTENT AND PROPRIETARY RIGHTS IN WEBSITE CONTENT

User acknowledges that the MITP Sites  contain information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Website Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Website Content is copyrighted where applicable as a collective work under the U.S. copyright laws, and MIT owns a copyright in the selection, coordination, arrangement, and enhancement of such Website Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Website Content, in whole or in part, except as expressly permitted by the MIT Press or otherwise stated herein. If no specific restrictions are displayed, Users may make copies of select portions of the Website Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Website Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentences or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107), Users may not upload, post, reproduce, or distribute in any way Website Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Website Content shall be governed by the software license agreement accompanying such software.

OPEN ACCESS CONTENT

Users acknowledge that certain books and journals may be made openly accessible on a MITP Site (the “Open Access Content”).  MIT Press will have sole discretion to determine which of its publications is Open Access Content, and MIT Press may remove any book or journal, or portion thereof, from its Open Access Content at any time for any reason without an obligation to notify Users. Each work included in the Open Access Content will be published under a Creative Commons CC BY-NC-ND license, unless otherwise noted on the particular work.  Users agree to comply with the terms of any Creative Commons license pursuant to which a particular work is accessible.  Users acknowledge that a Creative Commons license of any type may not necessarily be effective as to third-party, copyright-protected content reproduced in the work that is a part of the Open Access Content, and Users acknowledge and agree that MIT Press makes no representation or warranty that it is so effective. 

LINKS FROM THE MITP SITES

If the MITP Sites contain links to other websites and resources provided by or hosted by third parties (a “Linked Site”), these links are provided for your convenience only. MIT Press has no control over the contents of those websites or resources and MIT accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Linked Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

ONLINE CONDUCT

Access to and use of password protected and/or secure areas of the MITP Sites is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the MITP Sites may be subject to prosecution.

DISCLAIMERS AND LIMITATION OF LIABILITY

Neither MIT nor its affiliates, nor any of their trustees, officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of an MITP Site, guarantees the accuracy, completeness, or usefulness of any Website Content or Open Access Content (collectively, “Content”), nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the MITP Sites represents the opinions and judgments of third parties not under contract with the MIT Press. MIT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on an MITP Site by anyone other than authorized MIT Press employees. Under no circumstances shall MIT, or its affiliates, or any of their trustees, officers, directors, employees, faculty, students or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through an MITP Site or through communications with its employees. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the MITP Sites.

ALL CONTENT, PRODUCTS, AND SERVICES ON THE MITP SITES , OR OBTAINED FROM A LINKED SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT MIT, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE TRUSTEES, OFFICERS, DIRECTORS, EMPLOYEES, FACULTY, STUDENTS OR AGENTS WILL NOT BE LIABLE OR RESPONSIBLE FOR, OR INDEMNIFY YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY), UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MITP SITES OR A LINKED SITE, THE GOODS OR SERVICES PROVIDED BY ANY THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, OR LICENSORS (COLLECTIVELY, “PROVIDERS”) ACCESSIBLE VIA AN MITP SITE, ANY USE OF RELIANCE ON THE CONTENT BY USER, OR WITH THE DELAY OR INABILITY TO USE THE MITP SITES OR A LINKED SITE, EVEN IF MIT IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.

MIT CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE MITP  SITES.

THE CONTENT PUBLISHED OR MADE AVAILABLE ON THE MITP  SITES OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MIT SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT ON THE MITP  SITES AND LINKED SITES. THE MIT PRESS MAY MAKE IMPROVEMENTS OR CHANGES TO THE MITP  SITES AT ANY TIME, BUT IS UNDER NO OBLIGATION TO DO SO.

GEOGRAPHIC RESTRICTIONS

The MITP Sites are operated by MIT from Cambridge, Massachusetts in the United States of America. The MITP Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject MIT to any registration or other requirement within such jurisdiction or country. MIT reserves the right to limit access or availability of the MITP Sites to any person, geographic region or jurisdiction.

ACCESSING THE MITP SITES

  1. By using the MITP Sites, you represent and warrant that you are 13 years or older. If you are under the age of 13 years, you agree not to visit the MITP Sites.
  2. To access the MITP Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the MITP Sites that all the information you provide on the MITP Sites is correct, current and complete. You must provide a valid email address. 
  3. You agree not to:
    1. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
    2. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the MITP Sites, the server on which any part of the MITP Sites is stored or any server, computer or database connected to the MITP Sites;
    3. Attack the MITP Sites via a denial-of-service attack or a distributed denial-of-service attack; or
    4. Access or search or attempt to access or search the MITP Sites by any means (automated or otherwise) other than through our currently available, published interfaces provided by MIT; or
    5. Otherwise attempt to interfere with the proper working of the MITP Sites.

TERMINATION OF USER ACCESS

The MIT Press may terminate User’s access, or suspend any User’s access to all or part of the MITP Sites, without notice, for any conduct that the MIT Press, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider or MIT. MIT reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.

WAIVER AND SEVERABILITY

No waiver of these Terms of Use by MIT shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of MIT to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

GOVERNING LAW

These Terms of Use and all disputes or controversies arising out of or relating to these Terms of Use and your use of the MITP Sites and the Content shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts without regard to conflicts of law provisions that would require the laws of another jurisdiction to apply.  You hereby expressly consent to the personal jurisdiction and venue in the state and federal courts located in Massachusetts for any lawsuit arising from or related to these Terms and Conditions.

CHANGES TO TERMS OF USE

The MIT Press reserves the right to revise these Terms of Use at any time in its sole discretion by posting revisions. Such revisions will be effective immediately upon posting them to the MITP Sites. Your use of the MITP Sites after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

These Terms of Use were last modified on 05 May 2021.

 

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