License
Contingent upon your compliance with these Terms of Use, you are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use this website and its content for noncommercial personal use and for no other purpose. The American Studies Association (ASA) and the Johns Hopkins University Press (JHUP) reserves the right to bar, restrict, or suspend any user’s access to this or related websites, and to terminate this license at any time for any reason. The ASA and the JHUP reserves any rights not explicitly granted in these Terms of Use.
License Restrictions
Unless otherwise stated in these Terms of Use, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, transfer, decompile, reverse engineer, or incorporate into any information retrieval system, this website, any website content, or any portion thereof. Further, you may not (i) use this website for any unauthorized or illegal purpose or activity, (ii) interfere with the proper working of this website, including violating or attempting to violate the security of this website, (iii) interfere with any other person’s use and enjoyment of this website, (iv) post, upload, email, link to, or otherwise transmit any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program, or (v) use the website in any manner that may be considered objectionable, such as by using the website to upload, post, display, or otherwise transmit any content that is unlawful, threatening, abusive, harassing, obscene, pornographic, libelous, criminal or invasive of another’s privacy.
Your Acceptance; Revisions to Terms of Use
These Terms of Use constitute a legally binding agreement between you the ASA and JHUP regarding your use and access to this website. By using this website you agree to the Terms of Use. The ASA and the JHUP reserve the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use on this website. You are responsible for regularly reviewing the Terms of Use posted to this website.
Additional Terms and Conditions. This website’s Privacy Policy is incorporated by this reference.
Personal Login Information
Certain features of this website may be available only with registration, login, and/or paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and must be kept confidential. The ASA and the JHUP are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information.
Privacy Policy
For information about the JHUP’S use and protection of your personal information, please read the JHUP Privacy Policy which is incorporated into and made a part of these Terms of Use.
User Obligations
You warrant that you will abide by all applicable local, state, national, and international laws and regulations with respect to your use of this website, and will not interfere with the use and enjoyment of this website by others or with the ASA’S or JHUP’s operation and management of this website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on this website, including without limitation any information required to be provided through a registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, The ASA and the JHUP reserves the right to terminate your access and use of this website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using this website, or otherwise defame or harm any party, including the ASA or the JHUP through your use of this website.
Proprietary Rights
The Content of this website includes, without limitation, (i) trademarks, service marks, logos, brands, brand names, trade dress, trade names, and other distinctive identification of the ASA and the JHUP; (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, images, photographs, audio and video materials; and (iii) the design, structure, selection, compilation, assembly, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through this website. The Content is the property of the ASA or the JHUP, its licensors, sponsors, partners, content providers, or other third parties, and is protected by U.S. and international law, treaties, and regulations. The reproduction, transmission, sale, distribution, publication, broadcast, circulation, or dissemination of any Content by you or by you through any other person or entity is prohibited.
Responsibility for Use of the Internet and This Website
Use of the internet and this website is solely at your risk and is subject to all applicable local, state, national, and international laws and regulations. The ASA and the JHUP do not guarantee the confidentiality or security of any communication or other material transmitted to or from this website over the internet or other communication networks. The ASA and the JHUP shall not be obligated to update this website or the Content, and the ASA and the JHUP shall not be liable for omissions, typographical errors, or out-of-date information which may appear on this website.
Links to Third Party Websites
This website may provide links (including any link through an on-line banner advertisement) to other sites on the internet for your convenience. These other sites are maintained by third parties over which the ASA or the JHUP exercises no control. The appearance of any such third party links (provided by The JHU Press or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to this website, you do so entirely at your own risk.
Warranties Disclaimed
This website and the content are provided "as is" and "as available." neither the ASA or the JHUP, its affiliates, subsidiaries, employees, officers, or trustees nor any of its agents, representatives, suppliers, advertisers, promotional partners, or licensors (collectively "website parties") provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (i) this website or the content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to this website will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information or other material purchased or obtained by you through this website will meet your expectations; or (iv) the content will remain unchanged or accessible on the website. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.
Limitation of Liability
The website parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the website and/or any content; (ii) from any interruption in the availability of the website and/or content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the website, or transactions entered into, through or from the website; (v) from unauthorized access to or alteration of your transmissions or data; (vi) from statements or conduct of any third party on the website; (vii) from any delay or failure of the website arising out of causes beyond the ASA's or JHUP's control; (viii) out of the use of, reference to, or reliance on, the content; (ix) out of any third party materials, information, products and services contained on, or accessed through, the website (x) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; or (xi) out of any other matter relating to the website or content. In the event you are dissatisfied with, or dispute, these Terms of Use, the websites and/or the Content, your sole right and exclusive remedy is to terminate your use of the websites, even if that right or remedy is deemed to fail of its essential purpose.
Indemnification
To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the ASA or the JHUP from and against all claims arising from or in any way related to your use of the website and/or the Content, a violation by you of these Terms of Use, or any other actions connected with your use of the website and/or Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. The ASA and the JHUP will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the ASA and the JHUP other than under this Section.
Term and Termination
These Terms of Use will take effect at the time you begin using the website. The JHU Press reserves the right, with or without notice, at any time and for any reason to deny you access to the website 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 or violate them. You may terminate these Terms of Use at any time by ceasing to use the website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the website, including any Content, in your possession.
Governing Law
These Terms of Use and all matters regarding your use of the website shall be governed by, construed in accordance with, and enforced under the laws of the State of Maryland applicable to contracts made and executed and wholly performed in the State of Maryland, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings. All visitors to our website submit to the exclusive jurisdiction of the state and/or federal courts of the State of Maryland.
Waiver and Severability
The failure of the ASA and the JHUP 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.
Additional Terms
User Generated Content. The ASA and JHUP does not claim ownership of content that you post on or through the website, such as comments or posts that you submit on forums, blogs, or other websites ("User-Generated Content"). When submitting User-Generated Content, you will abide by the following rules:
• You will not submit content that libels, threatens or harasses other individuals.
• You will not submit or link to content that is profane, false, defamatory, obscene, pornographic, illegal, racist, or that promotes, violence. JHUP has the sole right to reject content that in our discretion is objectionable.
• You will not submit content that advertises or promotes good or services without the written permission of JHUP.
• You will not submit files that contain harmful code such as viruses or spyware.
You also acknowledge that you alone are fully responsible for the User-Generated Content you submit and that you own or have the rights to use the User-Generated Content. You agree that by submitting the User-Generated Content, you hereby grant to the ASA and JHUP a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and create derivative works of the User-Generated Content, subject to JHUP’S Privacy Policy.
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