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Terms of Use

Definitions

  • Subscriber is defined as the Institution or individual making payment for subscription, its or their employees, officers, directors and authorized users.
  • Internet Access is defined as the viewing and use of subscribed PsychiatryOnline content online via the World Wide Web.
  • Authorized Users are individual Subscribers and individuals with a current, authenticated affiliation to an Institutional Subscriber. This includes full- and part-time students and employees (including faculty, staff, affiliated researchers, library users, and independent contractors) plus other individuals who have permission to use the public computers on the Subscriber Institution’s premises.
  • APA is American Psychiatric Association and its division American Psychiatric Publishing, the publisher of PsychiatryOnline (1000 Wilson Boulevard, Suite 1825, Arlington, VA 22209-3901; Voice: 703-907-7322 or 800-368-5777; Fax: 703-907-1091; Email: institutions@psych.org).
  • Content means the publications listed in the APA invoice sent to Subscriber.

TERMS AND CONDITIONS

  1. SUBSCRIPTION ACCESS: An online subscription permits unlimited simultaneous Internet Access to complete PsychiatryOnline content by Authorized Users for as long as APA remains the publisher of the Content and the subscription term has not expired. Secure proxy access from off-campus locations is allowed.
  2. COPYRIGHT: Unless otherwise noted, APP or the APA hold the copyright on all materials published at PsychiatryOnline, whether in print or electronic form, both as a compilation and as individual chapters and articles. All PsychiatryOnline content is subject to “fair use” provisions of U.S. or applicable international copyright laws www.copyright.gov/title17/92chap1.html.
  3. AUTHORIZED USE: Authorized users are permitted to reproduce or disseminate PsychiatryOnline content only within the parameters of applicable copyright law. The following uses are specifically authorized:
    • Downloading: Downloading, printing, or saving of PsychiatryOnline content for the purposes of research, preservation of content, teaching, and/or private study by Authorized Users is permissible. Systematic downloading (by robots or other automatic processes) is prohibited without explicit approval.
    • Interlibrary Loan: Subscriber may fulfill interlibrary loan requests from other institutions via fax, Ariel, or paper document delivery under CONTU (National Commission on New Technological Uses of Copyright Works) guidelines www.cni.org/docs/infopols/CONTU.html. Redistribution of PsychiatryOnline content to non-authorized users by direct electronic transmission is prohibited without prior approval from APA.
    • Accessibility: Subscriber may transcribe any portion of PsychiatryOnline content into Braille script, enlarged type, or other appropriate versions in order to allow Authorized Users with disabilities to access PsychiatryOnline content.
    • Reprints: For permission to reprint or copy PsychiatryOnline content beyond that permitted by Section 107 or 108 of the U.S. Copyright Law, contact APP’s Permissions Department www.appi.org/permissions.cfx which will consider your request.
  4. RESTRICTIONS:
    • Unauthorized users: Except as specifically provided elsewhere in this Agreement, Subscriber is prohibited from making agreements for access to PsychiatryOnline content with individuals, organizations, vendors, affiliates, or partners who are not Authorized Users.
    • Commercial Redistribution: No direct commercial re-use (e.g., downloading, posting of a file, or printing to sell or distribute to any unauthorized user) of any PsychiatryOnline content is permitted without prior, express written permission of APA. Permission is granted, however, to provide a limited amount of print or electronic PsychiatryOnline content for purposes of regulatory approval, patent and/or trademark applications, or other legal or regulatory purposes.
    • Removal of copyright and trademark notices: Subscriber agrees not to remove, cover, overlay, obscure, block, or change any copyright or trademark notices, legends, or terms of use.
    • Modification: Subscriber shall not modify or create a derivative work of any PsychiatryOnline content without the prior written permission of APA.
    • Medical Information: Subscriber may supply print or electronic copies of individual articles or parts of articles taken from the Licensed Materials to fulfill enquiries from third parties for medical information purposes. Copies supplied under this clause must carry without modification copyright notices already incorporated into the Licensed Material. This specifically excludes any use for document delivery services or pay-per-view services or any other replacement of a subscription or a reprint service for marketing/sales purposes.
    • Authentication: Subscriber will make reasonable efforts to create and maintain appropriate security measures to ensure that only Authorized Users can access subscribed PsychiatryOnline content online.
    • IP Addresses: Subscriber affirms that all Internet Protocol (“IP”) addresses and/or user names and passwords provided for use of online PsychiatryOnline content are controlled by the Subscriber exclusively for Internet Access by Authorized Users.
    • Abuse: If Subscriber becomes aware of unauthorized access to PsychiatryOnline though any means, it will notify APA immediately and cooperate in locating and stopping the specific individuals who are abusing the service. If the specific abuser(s) cannot be identified or stopped, APA has the right to withhold, suspend, or terminate access to any or all PsychiatryOnline content, without liability.
    • Indemnification: Subscriber agrees to indemnify APA for all reasonable costs and attorneys’ fees associated with stopping Subscriber’s Authorized Users from abusing the service.
  5. ARCHIVING: APA acknowledges that Subscriber may participate in the LOCKSS system for archiving digitized publications. To benefit from this support, Subscriber must install a LOCKSS cache at their Institution. (See lockss.stanford.edu for further information.) The Subscriber may perpetually use the LOCKSS system to archive and restore PsychiatryOnline content, so long as the Subscriber's use is otherwise consistent with this Agreement. APA further acknowledges and agrees that, in using the LOCKSS system, PsychiatryOnline content may be made available to other LOCKSS system participants who indicate a right to the subscribed PsychiatryOnline content.
  6. TECHNICAL ACCESS: APA intends for the PsychiatryOnline web site to be available 24 hours per day, 7 days per week. However, APA WILL NOT BE LIABLE FOR DAMAGES OR REFUNDS SHOULD THE SITE BECOME UNAVAILABLE TEMPORARILY OR ACCESS TO A SITE BECOMES SLOW OR INCOMPLETE REGARDLESS OF THE CAUSE AND EVEN IF IT RESULTS FROM APA’S NEGLIGENCE. APA will make reasonable efforts to notify Subscriber of any unusually extended interruptions and will attempt to restore access to sites as soon as possible. Subscriber agrees to cooperate with APA in restoring access to the site.
  7. WARRANTY: APA affirms it has obtained any and all necessary permissions to license PsychiatryOnline content, and that use of such content by Authorized Users in accordance with this Agreement shall not infringe the copyright of any third party. Although it seeks to ensure the accuracy of content posted online, APA DOES NOT WARRANT OR GUARANTEE ITS ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Neither APA nor Subscriber shall be liable for any indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the Authorized Use of or the inability to use the PsychiatryOnline content.
  8. DISPUTES: In the event of any dispute or controversy arising out of or relating to this Agreement, APA and Subscriber agree to exercise their best efforts to resolve the dispute as soon as possible. Any dispute that cannot be resolved by mutual agreement within 30 days shall be submitted to binding arbitration under the Federal Arbitration Act and in accordance with the rules of the American Arbitration Association which shall appoint one arbitrator with knowledge of internet technology, electronic publishing and intellectual property rights. The arbitrator shall render a final decision in writing within 120 days of his or her appointment. The arbitration shall take place in Arlington, Virginia. Both parties shall, without delay, continue to perform their respective obligations that are not affected by the dispute.
  9. CHOICE OF LAW: United States copyright law shall apply to any copyright issues that may arise in connection with this Agreement. All other issues shall be governed by the laws of the Commonwealth of Virginia, without regard for its conflicts of law principles.
  10. ATTORNEYS’ FEES AND COSTS: In the event there is a dispute under this Agreement that is not amicably resolved and is brought to a third party for resolution by either of the parties, the losing party shall pay the winning party’s reasonable attorneys’ fees and other reasonable costs associated with the dispute. “Losing party” shall be construed to mean the party against whom the merits of the case were decided.
  11. NOTICES: All notices relating to this Agreement should be sent by overnight mail, signature required to: Director of Publishing, APA Office of Publishing Operations,1000 Wilson Blvd. Suite 1825, Arlington, VA 22209.
  12. NO WAIVER: No waiver of any breach or default shall be considered valid unless in writing, and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
  13. HEADINGS: The paragraph headings contained herein are for the purpose of convenience only and are not intended to define or limit the contents of the paragraphs.
  14. TERM OF AGREEMENT: These terms of use shall remain in effect as long the subscription is in effect. Paragraphs 4, 8, 9, 10 and 11 shall be effective after the subscription expires.
  15. CERTIFICATION: Subscriber certifies that all IP addresses provided to APA correspond to Authorized Users of the Institution and that proxy servers (if in use) provide access only to Authorized Users and not to institutions and/or users who are not included under the terms of this Agreement.
  16. PRIVACY POLICY: The terms of the privacy policy posted at www.psychiatryonline.com/public/privacypolicy.aspx are incorporated into this Agreement and accepted by the Subscriber