Terms of Use

By accessing or using any of the PsychiatryOnline internet site, including without limitation any content therein, you agree to comply with and be bound by these Terms and Conditions of Use (“Terms of Use”). Please read these Terms of Use carefully as well as the accompanying Privacy Policy which is incorporated herein by reference. The Privacy Policy has been updated, including with new information specifically addressed to individuals in the European Economic Area. If you do not agree to these Terms of Use and the Privacy Policy, you may not access or use PsychiatryOnline. You may print or save a copy (PDF) of these Terms of Use for your records. The American Psychiatric association (APA) hereby objects to and rejects any inconsistent, additional or different terms, including but not limited to those contained in purchase order or in any other documentation provided by you relating to this License. Notwithstanding anything to the contrary in any other document of any kind, the terms and conditions contained in this Online Institutional Agreement shall take precedence over any and all alternative terms in any other documentation connected with this transaction, including any purchase order or similar documentation issued by you. Acceptance by APA of payment related to this License does not constitute acknowledgement or acceptance of any alternative conditions of purchase issued by you.

Definitions

• Subscriber is defined as the Institution or individual making payment for a PsychiatryOnline subscription, its or their employees, officers, directors and authorized users.
• Internet Access is defined as the accessing 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 the American Psychiatric Association, the publisher of PsychiatryOnline (800 Maine Ave SW, Suite 900, Washington DC 20024; Voice: 202-459-9722 or 800-368-5777; Email: [email protected]).
• Content means any of the PsychiatryOnline materials which may be open access materials or listed publications in the APA invoice sent to a Subscriber.

TERMS AND CONDITIONS

1. SUBSCRIPTION ACCESS: A subscription permits Internet Access to the PsychiatryOnline Content by Authorized Users for as long as APA remains the publisher of the Content and the subscription term has not expired. For Subscriber Institutions, secure proxy access from off-campus locations is allowed. For Individuals, your access credentials are unique to you as an individual subscriber. Access information cannot be sold, traded, loaned or otherwise shared with any other individual.
 
2. GOVERNMENT END USE PROVISIONS: provides PsychiatryOnline, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to PsychiatryOnline include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with APA to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.
 
3. COPYRIGHT: Unless otherwise noted, the American Psychiatric Association holds 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. If you believe any content on PsychiatryOnline infringes any copyright of a third party, you shall provide notification as allowed under the Digital Millennium Copyright Act to the APA’s designated agent, which agent shall be identified in the Copyright information set forth at www.psychiatry.org.
 
4. 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, secure electronic system (that creates a document for one‐time use and does not allow storage of the electronic version), 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.
• Medical Information: Subscriber may supply print or electronic copies of individual articles or parts of articles taken from the Content 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 Content. 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.
• Reprints: For permission to reprint or copy PsychiatryOnline content beyond that permitted by Section 107 or 108 of the U.S. Copyright Law, you must contact the American Psychiatric Association’s Publishing Permissions Department (www.appi.org/permissions), which will consider your request.
 
5. RESTRICTIONS:
   • Unauthorized users: Except as specifically provided elsewhere in these Terms of Use, Subscriber is prohibited from making agreements or otherwise allowing for access to PsychiatryOnline content by 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 may not remove, cover, overlay, obscure, block, or change any copyright or trademark notices, legends, or terms of use applicable to any PsychiatryOnline Content.
   • Modification: Subscriber shall not modify or create a derivative work of any PsychiatryOnline site or Content without the prior written permission of APA.
   • Authentication: Subscriber must make reasonable efforts to create and maintain appropriate security measures to ensure that only Authorized Users can access PsychiatryOnline Content.
   • IP Addresses: Subscriber must ensure that all Internet Protocol (“IP”) addresses and/or user names and passwords provided for use of 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.
   • Export Compliance: Subscriber may not export or re-export, directly or indirectly, any materials or information provided by APA, including the PsychiatryOnline content, to any location or in any manner that requires an export license or other governmental approval at the time of export without first obtaining such license or approval. Subscriber will comply with the export laws and regulations of the United States and any other applicable jurisdictions in providing and using PsychiatryOnline. Without limiting the foregoing (a) Subscriber represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (b) Subscriber will not permit anyone to access or use PsychiatryOnline in violation of any U.S. export embargo, prohibition, or restriction. Licensee may not export, re-export or transfer any part of PsychiatryOnline content in violation of export laws and regulations
   • Indemnification: Subscriber shall indemnify APA for all reasonable costs and attorneys’ fees associated with stopping Subscriber’s Authorized Users from abusing the service.
 
6. 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 these Terms of Use. 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.
 
7. 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 ANY 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 must cooperate with APA in restoring access to the site.
 
8. WARRANTY: APA has obtained any and all necessary permissions to license PsychiatryOnline Content, and use of such Content by Authorized Users in accordance with these Terms of Use 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.
 
9. ACCEPTANCE; REVISION TO TERMS OF USE: These Terms of Use constitute a legally binding agreement between you and the APA regarding your use of and access to PsychiatryOnline. By accessing or using PsychiatryOnline, you agree to these Terms of Use. APA reserves the right to revise these Terms of Use at any time in its sole discretion, and without specific notice to you, by posting revised Terms of Use to the PsychiatryOnline site. Your use after such change signifies your acceptance of all the terms and conditions contained within the Terms of Use effective at that time. You will be responsible for regularly reviewing these Terms of Use for updates and/or changes.
 
10. APA WEBSITE POLICIES; ADDITIONAL TERMS AND CONDITIONS: APA’s Terms and Conditions of Use for American Psychiatric Association Websites (the “Additional Terms and Conditions”), available at www.psychiatry.org, are incorporated herein by reference. To the extent there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, these Terms of Use shall govern. The terms of the Privacy Policy posted at psychiatryonline.org/privacypolicy are incorporated into these Terms of Use and hereby accepted by the Subscriber.
 
11. DISPUTES: Any controversy or claim you have arising out of or relating to these Terms of Use shall be brought solely by you as an individual and not as part of, or as a representative of, a class. In the event of any dispute or controversy arising out of or relating to these Terms of Use or your use of PsychiatryOnline or the Content, you and the APA shall attempt to resolve the dispute as soon as possible.
 
12. GOVERNING LAW: United States copyright law shall apply to any copyright issues that may arise in connection with PsychiatryOnline. These Terms of Use and all matters regarding your use of PsychiatryOnline or the Content shall be governed by, construed in accordance with, and enforced under the laws of the District of Columbia, without regard to conflicts of law principles.
 
13. 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.
 
14. NOTICES: All notices relating to these Terms of Use should be sent by overnight mail, signature required to: Publisher, American Psychiatric Association, 800 Maine Ave SW, Suite 900, Washington DC 20024.
 
15. WAIVER AND SEVERABILITY: The failure of APA to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
 
16. TERM AND TERMINATION: These Terms of Use shall take effect at the time that you subscribe or otherwise begin accessing PsychiatryOnline. APA reserves the right, with or without notice, at any time and for any reason to deny you access to PsychiatryOnline or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use or access PsychiatryOnline. All applicable provisions of these Terms of Use will survive termination. Upon termination, you must destroy all copies of any portion of the PsychiatryOnline site in your possession.
 
17. CERTIFICATION AND VERIFICATION: 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 these Terms of Use. APA reserves the right to collect data on PsychiatryOnline usage by a Subscriber, including server IP addresses, email addresses of end users, domain counts and other information deemed relevant to ensure that the subscription and Content are used only in accordance with these Terms of Use. Subscriber hereby consents to APA gathering and processing such information and agrees not to try to block, electronically or otherwise, the transmission of data required for compliance with these Terms of Use.
 
18. BOOK OF THE MONTH: For DSM Select and PsychiatryOnline Premium subscribers, Psychiatryonline.org currently offers access in PDF format to a free book each month from the American Psychiatric Association Publishing Bookstore. This offering is intended as a promotional tool, to give subscribers a chance to review books they might be interested in purchasing separately for continued access. As such, the “Book of the Month” is governed by the following terms of use: The Book of the Month is supplied as PDF; no other formats will be supplied. Subscribers have access to the Book of the Month for only as long as the “download” link appears on the Psychiatryonline.org home page (usually one month). This feature may be discontinued at any time without notice or reason to subscribers. The User license does not cover storing the book in any format beyond the one-month period. Users may not copy, modify, reproduce, publish, transmit, display, broadcast, rent, lend, sell, catalog, or otherwise distribute the Book of the Month.
 
19. LIMITATION OF LIABILITY: IN NO EVENT SHALL THE AGGREGATE LIABILITY OF APA ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY LICENSEE HEREUNDER IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. IN NO EVENT WILL APA HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF APA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.