HebrewBooks.org - Terms of Use

Terms of Use

ALL USE OF THIS WEBSITE AND THE PUBLICATIONS IS STRICTLY GOVERNED BY THE FOLLOWING BINDING TERMS OF USE:

The Society for Preservation of Hebrew Books (the “Society”) by and through this website (the “Site”) provides user access to books that are out of print and/or circulation. By accessing, searching on or otherwise using the Site, you signify your agreement to the following terms of use (the “Terms of Use”), which constitute a binding agreement, and your use of the Site is expressly conditioned on your acceptance of and compliance with these Terms of Use. The copies of the publications provided on the Site (the “Publications”) have been collected and made available to the public at considerable expense. Certain of these Publications have entered the public domain; others have been provided on the Site with the permission of the copyright owners for use on strictly limited terms. For this reason, your use of the Site and the Publications is governed by the strict and limited license set out in these Terms of Use.

1. Limited License: The Society for the Preservation of Hebrew Books hereby grants you a limited, nonexclusive right and license, solely for your personal use, to use the Site view, download, and print the Publications, subject to the following restrictions:

(a) No commercial use: a Publication may be used for personal use (including educational use) and not for any commercial purpose;

(b) No resale: you may not sell a copy of any Publication (or bundle any Publication with any other product that is sold for a fee), and you may not charge any fee for the use of any Publication; and

Subject to applicable law, you may distribute print or electronic copies of any Publication to any third party free of charge for personal use only and for use in accordance with the terms of this license. If you distribute copies of the Publications to any third party, you must retain any attribution notices that appear in such copies, and you must provide the third party with a complete copy of the limited license set out in this Paragraph 1 of these Terms of Use, including the restrictions on further distribution.

Aside from the limited license granted under Paragraph 1 of these Terms of Use, you may not sell, license, or otherwise redistribute the Publications or any material that is provided on the Site and nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right to use any copyright, patent, trademark, or other proprietary right of the Society or any third party.

2. Limitations on Use of the Site: You shall not use or introduce into the Site any device, software, or routine that could damage or interfere with the operation of the Site. You shall not directly or indirectly take any action to interfere with the operation of the Site, including by way of example and not limitation, conducting search queries that the Society reasonably determines to be abusive, or using any scraper, robot, spider, or other automated mechanism to access the Site or download the Publications (as defined below). You may not access the code of the Site or reverse engineer the Site. The contents of the Site, its code and the look and feel of the Site are the intellectual property of the Society. The Society reserves the right to monitor your use of the Site and to monitor your compliance with these Terms of Use.You acknowledge and hereby consent to such monitoring. The Society reserves the right to terminate your access to and use of the Site if, in the Society’s reasonable belief, you have violated the usage limitations set forth in these Terms of Use.

3. Disclaimers: EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE SITE, INCLUDING WITHOUT LIMITATION THE PUBLICATIONS AND ALL CONTENT AND INFORMATION PROVIDED ON THE SITE, IS PROVIDED "AS IS," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE SOCIETY EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CHTHE SOCIETY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE PUBLICATIONS. UNDER NO CIRCUMSTANCES SHALL THE SOCIETY BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE THE SOCIETY HAS BEEN ADVISED OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM YOUR USE OF THE SITE OR THE PUBLICATIONS.

4. Restrictions; Indemnification: You warrant that you will not use the Site to conduct or engage in unlawful activities; to violate any law or regulation; or to violate or infringe upon the rights of the Society, or any third party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You agree to defend, indemnify, and hold harmless the Society and its officers, directors, employees, agents, assigns, and licensors from any and all claims, demands, liability, judgments, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to any breach of any warranty, representation, covenant, or agreement made by you in these Terms of Use.

5. Changes to Terms of Use. The Society reserves the right to change, modify, or remove content from the Site without prior notice, due to technical, regulatory, or business limitations or for any other reason. The Society may modify these Terms of Use at any time and at its sole discretion, and such modifications shall be effective immediately upon posting of the modified policies, terms and conditions on the Site.

6. Jurisdiction. With respect to any dispute arising with respect to your use of the Site or the Publications, you agree to submit to the non-exclusive jurisdiction of the federal and state courts located in New York City.