Artstor Terms and Conditions of Use

1    Welcome to Artstor.

Artstor is a non-profit organization with a mission to enhance scholarship and teaching through the use of digital images and media.

Artstor provides services, including the following, which may be licensed by your institution or openly available:

• Artstor Digital Library (ADL): The image database featuring an unparalleled range of images from some of the world's leading museums, photo archives, scholars, and artists in one easily-navigated repository.
• Shared Shelf: The web-based media management software and tools that enable licensing institutions to manage, store, use, and publish their institutional and faculty media collections within their institution, publicly, or within an Artstor Platform.
• Shared Shelf Commons: A free, open-access library of images, shared by institutions that subscribe to Shared Shelf.

By using the Artstor websites, which include, but are not limited to, the Content defined below and all Artstor platforms offering such Content (“Artstor Platforms”) you agree to these Terms and Conditions of Use, which may be subject to an agreement entered into between Artstor and a user's affiliated institution (“Artstor Digital Library Institutional Participation Agreement” or “ADL Institutional Participation Agreement”). If you have questions about your affiliated institution's ADL Institutional Participation Agreement, please contact your librarian or faculty member.

2    Authorized Users.

2.1    Access to content on the Artstor Platforms is available for “Authorized Users”, meaning:

1. Individuals officially affiliated with an “Institutional Licensee”, defined as an institution (such as a college, university, K-12 school, public library, museum, foundation, or government agency) that maintains a valid Artstor Digital Library Institutional Participation Agreement with Artstor. This means, as applicable:
   
   1. currently enrolled students (including distance education students);
   2. researchers and lecturers affiliated and/or visiting under the terms of an agreement with the Institutional Licensee;
   3. full and part-time staff, including volunteer staff;
   4. on-site users physically present and authorized to be on the Institutional Licensee's premises ("Walk-In Users"); and
   5. for public libraries and museums, off-site users accessing the Content through a sessions-based arrangement entered into between Artstor and the library or museum;
2. Individuals or categories of individuals designated by Institutional Licensee to access Shared Shelf Content (defined in Section 3.1 below);
3. Users of Shared Shelf Commons Content (defined in Section 3.1 below) on the Shared Shelf Commons Platform; and
4. Other users of specified Content agreed upon in writing by or on behalf of Artstor.

3    The Content.

3.1    “Content” means the collective of Artstor Content and Non-Artstor Content:

1. “Artstor Content” includes:
   “Artstor Digital Library Content”, defined as images, videos, audio files, texts, cataloging information, graphics, and all other materials incorporated into the Artstor Digital Library by Artstor.
   “Open Artstor Content”, defined as images, media, data and other files posted by individuals or institutions on a free-of-charge basis.
2. You may also find “Non-Artstor Content” on the Artstor Platforms, which includes:
   “Shared Shelf Content”, defined as images, videos, audio files, texts, cataloging information, graphics, and all other materials that are uploaded or made available by an Institutional Licensee or Authorized Users, most commonly through the use of Shared Shelf software.
   “Shared Shelf Commons Content”, defined as images, videos, audio files, texts, cataloging information, graphics, and all other materials that are uploaded or made available by a Shared Shelf Licensee or Authorized Users through use of Shared Shelf software into the Shared Shelf Commons open-access repository.
   “Personal Collections”, defined as images, videos, audio files, texts, cataloging information, graphics, and all other materials that are uploaded or made available by an Authorized User that are not Artstor Content, but may be stored or shared alongside other Content in image groups utilizing the Artstor Digital Library Platform.
3. Artstor Content may appear alongside Non-Artstor Content on the Artstor Digital Library Platform.

4    Permitted Uses of the Content.

4.1    Permitted Uses. Institutional Licensees and/or Authorized Users may search, view, reproduce, display, download, print, perform, and distribute Content for the following Permitted Uses, provided (i) they abide by the restrictions in Section 4, Section 5, and elsewhere in these Terms and Conditions of Use and (ii) such uses are non-commercial, scholarly, and educational:

1. research activities;
2. classroom instruction and related classroom activities;
3. student assignments;
4. public display or public performance as part of a noncommercial scholarly or educational presentation, if such use conforms to the customary and usual practice in the field;
5. in a student, faculty, or curatorial portfolio, including non-public display thereof, if such use conforms to the customary and usual practice in the field;
6. linking to Content (as described further in Section 7);
7. in dissertations, including reproductions of dissertations, provided such reproductions are only for personal use, library deposit, or use solely within the institution with which the Authorized User and/or his or her faculty or curatorial readers are affiliated; and
8. on an ad hoc basis and without commercial gain or in a manner that would substitute for direct access to the Artstor Content, sharing a work that incorporates limited Artstor Content for purposes of collaboration, comment, or similar non-commercial educational or scholarly use.

4.2    Fair Use, Educational, and Other Exceptions to Copyright Laws for Artstor Content. Subject to Prohibited Uses in Section 5, nothing in these Terms and Conditions of Use should be construed or interpreted to limit those uses of Artstor Content that are permitted under the fair use, educational exceptions, or other similar provisions of the copyright laws or other intellectual property rights laws in the United States, but Institutional Licensees and Authorized Users make such uses at their own risk. Institutional Licensees and Authorized Users expressly acknowledge and agree that Artstor shall not be liable in any way for any uses that they make of the Artstor Content that exceed these Terms and Conditions of Use, whether or not such use is made in reliance on fair use and/or other provisions of the United States copyright or other intellectual property rights laws.

4.3    Use of Non-Artstor Content. Use of Non-Artstor Content may be subject to different terms imposed by the institutions or individuals posting such Non-Artstor Content, as indicated in the metadata where such content appears. By using Non-Artstor Content, you agree to abide by any posted terms and conditions, as well as these Terms and Conditions of Use, which shall continue to apply. In the event of a conflict between these Terms and Conditions of Use and any terms posted in the metadata of any Non-Artstor Content, the terms posted in the metadata of such content shall prevail. Artstor takes no position as to whether Non-Artstor Content may be used pursuant to the fair use, educational exceptions or other similar provisions of the copyright laws or other intellectual property rights laws in the United States.

4.4    Use of Open Artstor Content. Open Artstor Content may be subject to different terms of use, such as a Creative Commons license, as indicated in the metadata where such content appears. In the event of a conflict between these Terms and Conditions of Use and any terms posted where such Open Artstor Content appears, the terms posted where the Open Artstor Content appears shall prevail.

4.5    Images for Academic Publishing. The Images for Academic Publishing (“IAP”) program makes available publication-quality images for use in scholarly publications free of charge. Certain images within the Artstor Digital Library are a part of the IAP program and are identified with the  icon directly below the thumbnail of the image. To learn more about how to utilize images consistent with the IAP program, please go to: http://support.artstor.org/?article=images-for-academic-publishing.

5    Prohibited Uses of the Content.

5.1    Prohibited Uses. Institutional Licensees and Authorized Users may not:

1. make any use, reproduction, display, performance, or distribution that exceeds or violates these Terms and Conditions of Use or infringes another’s intellectual property;
2. modify, obscure, or remove any copyright, trademark, or other intellectual property notices or licensing terms included in the Content;
3. incorporate Content into an unrestricted database or website, or make it available to others (electronically or otherwise) except as permitted under Section 4.1 of these Terms and Conditions of Use;
4. export, download, or print, or attempt to export, download, or print, substantial portions of any collection within the Content, except as permitted under Section 4.1 of these Terms and Conditions of Use;
5. attempt to override, circumvent, or disable any encryption features of software protections employed in the Artstor Platform; or
6. engage in any activity that may interfere with, disrupt, burden, destroy, or limit the functionality of Artstor's computer software, hardware, data, system or telecommunications equipment, including the use of computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators.

    Additionally, for Artstor Digital Library Content, users may not:

7. use, or authorize the use of, Artstor Digital Library Content or the Artstor Platforms for commercial purposes or gains, including charging a fee-for-service for the use of the Artstor Digital Library beyond reasonable printing or administrative costs, and incorporating or making available Artstor Digital Library Content in electronic or print materials that are disseminated for commercial purposes (such as by a scholarly or commercial press), except as permitted by individual Artstor Digital Library contributors as part of the IAP program (see Section 4.5 above);
8. provide and/or authorize access to the Artstor Digital Library or the Artstor Digital Library Content to persons or entities other than Authorized Users, except as permitted under Section 4.1 of these Terms and Conditions of Use;
9. reproduce or distribute Artstor Digital Library Content in bulk; or
10. make any adaptation or modification of, or derivative work from, the Artstor Digital Library.

6    Printing and Downloading.

6.1    Institutional Licensees and their Authorized Users may download and print Content, and reproduce such copies, for Permitted Uses only, and only in an amount reasonably necessary for such purposes. Artstor Content may be downloaded or printed only using the download and print functions on the Artstor Platforms.

7    Linking.

7.1    Links to Content. Artstor encourages the use of links to facilitate access to the Content by Authorized Users and Institutional Licensees (see Section 4.1(f) of the Terms and Conditions of Use), including but not limited to, links to online syllabi and classrooms. All Content has a stable URL.

7.2    Third Party Links. Artstor may provide links to other websites for the benefit or convenience of its users. Artstor makes no representation or warranty of any kind, express or implied, with respect to such websites, and the linking to such websites does not constitute any kind of endorsement of such sites.

8    Responsibilities of Users.

8.1    Access. Institutional Licensees shall make reasonable efforts to ensure that access to the Artstor Digital Library Platform is limited to Authorized Users and to protect the Content found on the Artstor Digital Library Platform from unpermitted use. Such efforts shall include, but not be limited to, issuing and terminating passwords within its control, verifying the status of Authorized Users, providing lists of valid passwords or set of IP addresses to Artstor if applicable, updating such lists on a regular basis and providing any information or assistance necessary for Artstor to implement whatever user authentication processes Artstor may establish in its sole discretion. Authorized Users shall be responsible for maintaining the confidentiality and security of their usernames and/or passwords (if such are provided), and may not provide access to the Artstor Digital Library Platform to anyone else. Authorized Users shall be responsible for all usage or activity by them of the Artstor Platforms. Artstor may terminate access without advance notice to an unauthorized or open proxy server, but will notify Institutional Licensee following the termination of such access.

8.2    Unpermitted Use. Authorized Users shall promptly notify Artstor and the institution with which they are affiliated, or whose facilities they are using, of any known or suspected unauthorized use(s) of their account, the Content or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of their username, password, and/or IP address. Likewise, Institutional Licensee will promptly notify Artstor upon learning or being notified of any violation or suspected violation of these Terms and Conditions of Use, investigate and cooperate fully and promptly with Artstor in investigating such known or suspected violations, and take other measures that Artstor reasonably deems appropriate in any case involving knowing and willful violations. Any use of the Content beyond the scope or in violation of these Terms and Conditions of Use, knowing use of any password or username of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of an Authorized User’s account (without notice and at Artstor's sole discretion), imposition of further restrictions on access to, downloading, or printing Content, or termination of access to the Content from the IP address from which the unauthorized use occurred. Artstor shall make reasonable efforts to contact Institutional Licensee and provide Institutional Licensee with an opportunity to remedy such unauthorized use or infringement to Artstor’s satisfaction before suspending or terminating access to Institutional Licensee’s IP address(es).

8.3    Posted Material. Where Authorized Users are able to submit material and/or post comments, they represent and warrant that they will not and will not authorize others to:

1. Violate or infringe upon any third party rights, or violate any applicable international, federal, state or local law or regulation;
2. Upload images or other media to harass, threaten, abuse, libel, or slander others, or otherwise commit tortious conduct;
3. Upload, reproduce, transmit or distribute any software viruses or other computer code, files or programs designed to interrupt, destroy, degrade or limit the functionality of any computer software, hardware, data, system or telecommunications equipment; or
4. Intentionally disrupt the Artstor Digital Library, Shared Shelf Commons, or servers or networks connected thereto.

8.4    Breach of these Terms and Conditions. Institutional Licensees and Authorized Users agree that Artstor shall in no way be liable for any loss, injury, claim, liability, damages, costs, or attorneys’ fees arising out of or in connection with the violation by the Institutional Licensee or Authorized User of these Terms and Conditions of Use. Individual Authorized Users shall be held responsible for any and all liability and costs incurred for any violations by them of the Terms and Conditions of Use.

8.5    Hardware and Internet Access. Institutional Licensee and Authorized Users are solely responsible for establishing and maintaining hardware and internet connections to provide access to, use, transmit, and display the Content and the Artstor Platforms.

8.6    Approvals. Institutional Licensee agrees that, should it use the Artstor Digital Library and associated software outside of the United States, it will effect or obtain any necessary governmental or regulatory filings and approvals and will pay any costs associated therewith, including but not limited to filings, approvals and costs associated with the importation, exportation or use of the Artstor Digital Library and software. Should Institutional Licensee and its Authorized Users access the Artstor Digital Library from a country outside of the United States, Institutional Licensee will inform Artstor of any law or regulation in such country of which Institutional Licensee becomes aware that may be incompatible with these Terms and Conditions of Use. Artstor may revoke access to the Artstor Digital Library in any country outside the United States if in Artstor’s sole opinion it is warranted by applicable law.

9    Intellectual Property Rights.

9.1    General Intellectual Property Rights. The Artstor Platform and any trademarks, issued patents and patent applications, copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights (collectively, "Intellectual Property") relating to the Artstor Platform and the parties contributing Content to Artstor are proprietary to Artstor or, as applicable, the aforementioned entities, subject to the rights of third parties. Institutional Licensee and its Authorized Users will not, attach, dispute, or contest, indirectly or directly, Artstor’s or third parties’ rights in and title to the Materials, nor assist others to do so. Copyright is not claimed by Artstor as to any work of the United States government, or to any work that is in the public domain.

9.2    Trademarks. Neither Artstor nor Institutional Licensee may use the other's name or trademark and Institutional Licensees and Authorized Users may not use the name or trademarks of the above-noted entities without approval except: (i) Artstor may use Institutional Licensees' names and/or the names of their libraries in brochures or other materials to identify Institutional Licensees as participants in the Artstor Digital Library along with other participants, and (ii) Institutional Licensees are encouraged to use Artstor's name and logo to announce participation to Authorized Users and to train Authorized Users on the use of Artstor.

10    Responsibilities of Artstor.

10.1    Artstor will use reasonable efforts to provide continuous availability of the Artstor Digital Library Platform subject to periodic unavailability due to maintenance and/or updates of the server(s) and platform and downtime related to equipment or services outside the control of Artstor ("Maintenance Downtime"). If Artstor fails to provide online availability to the Artstor Digital Library Platform for more than 72 hours during any period of 30 consecutive calendar days Institutional Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for each 30-day period so affected or (b) terminate its agreement by providing written notice to Artstor. Artstor will provide support to Institutional Licensees and Authorized Users, which will be available at: http://support.artstor.org/.

10.2    Usage Reports. Artstor will use reasonable efforts to ensure that Institutional Licensees are provided access to on demand usage reports regarding the usage of the Artstor Digital Library, and that the Artstor Platform is compatible with the NISO Metasearch XML Gateway (MXG) protocol in development, XML and SRU/SRW search interfaces.

11    Warranty; Disclaimers.

11.1    Authorized Users recognize that Artstor is an aggregator of third-party Content, not the creator of the Content. Artstor represents and warrants under the laws of the United States that to its knowledge use of the Artstor Digital Library Platform by Authorized Users in accordance with these Terms and Conditions of Use will not infringe the copyright of any third party. The foregoing will not apply to usage of the Artstor Platform by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Use.

11.2    Artstor will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold Artstor liable for any loss, injury, claim, liability, damages, costs, and/or attorneys’ fees of any kind that result from the unavailability of the Artstor Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee's or Authorized Users' use of the Artstor Platform or Content in violation of these Terms and Conditions of Use. If the Artstor Platform fails to operate in conformance with the Terms and Conditions of Use, Institutional Licensee will immediately notify Artstor and, subject to Section 10.1 above, Artstor's sole obligation will be to repair the nonconformity. In no event will Artstor's liability to an Institutional Licensee exceed the fees paid to Artstor by that Institutional Licensee for the term of the ADL Institutional Participation Agreement then in effect, nor will Artstor be liable for any incidental, indirect, special, punitive or consequential damages, notwithstanding the failure of essential purpose of any limited remedy.

11.3    Artstor seeks to serve a wide range of audiences, including audiences of different age groups, in the scholarly and educational communities. Artstor makes no representations or warranties of any kind, and will not be held liable in any way, for any Content that might be deemed offensive, inflammatory, obscene, defamatory, or otherwise unsuitable for some users, and Institutional Licensee will take reasonable steps to inform its Authorized Users accordingly. Notwithstanding anything to the contrary herein, Institutional Licensee is solely responsible for determining whether Content is appropriate for viewing by such individuals and for complying with any applicable law, including but not limited to (a) any law regulating the provision of Content to audiences of different age groups; and (b) any law regulating children’s use of the internet.

11.4    THE ARTSTOR DIGITAL LIBRARY, ALL ARTSTOR PLATFORMS AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND ARTSTOR AND ANY THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND LICENSORS (“CONTENT PROVIDERS”) DISCLAIM TO THE FULLEST EXTENT OF THE LAW ANY LIABILITY, WARRANTIES, CONDITIONS, GUARANTEES AND REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO THE ARTSTOR DIGITAL LIBRARY AND ALL ARTSTOR SITES AND CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ARTSTOR AND CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, BUT ARTSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. ARTSTOR AND CONTENT PROVIDERS DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO: ANY ERRORS OR OMISSIONS IN THE CONTENT; LIABILITY UNDER LIBEL LAWS; INFRINGEMENT OF RIGHTS OF PUBLICITY OR PRIVACY, MORAL RIGHTS, RELATED OR NEIGHBORING RIGHTS; THE DISCLOSURE OF CONFIDENTIAL INFORMATION; AND WHETHER CONTENT IS FREE OF OBSCENE, OFFENSIVE, DEFAMATORY, OR INFLAMMATORY MATERIALS.

12    Discontinuing Access to the Artstor Digital Library.

12.1    Upon termination of an Artstor Digital Library Institutional Participation Agreement, all online access to the Artstor Digital Library Content and the Artstor Digital Library Platform for Institutional Licensee and its Authorized Users will be terminated. Within 60 days from such termination, Institutional Licensee will remove and destroy or erase all Content from Institutional Licensee’s servers (or servers operated on Institutional Licensee’s behalf), and will take reasonable steps (such as posting a notice in a location determined by Institutional Licensee) to notify Authorized Users that Institutional Licensee is no longer providing access to the Artstor Digital Library.

12.2    Should access to the Artstor Digital Library terminate or expire, or should an Authorized User cease being employed at an Institutional Licensee, Authorized Users may retain only print or electronic copies of Artstor Digital Library Content appearing in lesson plans or in other pedagogical, educational, or scholarly materials for personal uses, that are noncommercial in nature and are consistent with fair use and other exceptions to intellectual property rights laws of the United States. These Terms and Conditions of Use shall survive the termination of access to the Artstor Digital Library Content.

12.3    Artstor intends to maintain the Artstor Digital Library and to make it available for noncommercial, educational and scholarly purposes on an ongoing basis. However, should exigent circumstances so require, Artstor reserves the right to discontinue or cease operating the Artstor Digital Library. In such a case, Artstor would provide notice to Institutional Licensee and Authorized Users of the Artstor Digital Library, and work to transfer the Artstor Digital Library to another nonprofit institution and to have it made widely available for noncommercial educational and scholarly purposes. However, such transfer may not be possible, and Artstor will not be liable should it cease to exist and such transfer is not made.

13    DMCA Notifications.

13.1    Artstor does not screen, select, edit or review Non-Artstor Content for legal purposes, does not warrant or represent that the use of Non-Artstor Content will not violate or infringe upon any third party rights, and does not warrant or represent that Non-Artstor Content is accurate or useful for any particular purpose. In providing a site for Authorized Users to post Non-Artstor Content, Artstor is acting as an online service provider within the definition of the Digital Millennium Copyright Act at 17 U.S.C. § 512 (the “DMCA”). Artstor is required under the DMCA to expeditiously remove from its servers or disable access to content posted to its sites if Artstor learns or becomes aware that such content infringes the copyright of a third party. Artstor shall in no way be held liable for acting pursuant to its DMCA obligations. Should you believe that any Non-Artstor Content violates your copyright, please send a written notice to Artstor, directed to the Office of the General Counsel, at the address posted on the Artstor website and www.artstor.org. Such notices must comply with the DMCA. For more information about what should be included in such notices, please see the copyright statement on Artstor’s website at www.artstor.org/our-organization/o-html/copyright.shtml. Artstor reserves the right to remove Non-Artstor Content at any time for legal or others reasons.

14    Additional Terms and Conditions of Use.

14.1    Withdrawing Content from Artstor. Artstor may withdraw Artstor Content from the Artstor Digital Library for good cause. Artstor would endeavor, to the extent practicable, to minimize any inconvenience to Licensee and Authorized Users caused by such withdrawal by, for example, seeking to withdraw Artstor Content only at the conclusion of an academic semester. However, should Artstor be unable to avoid such inconvenience, Licensee and Authorized Users will in no way hold Artstor liable for such withdrawal. Should Artstor permanently withdraw five percent or more of all Artstor Content from the Artstor Digital Library, Artstor will provide Licensee with a pro rata reduction in the annual user fee for each subsequent year until Artstor makes available an equivalent amount of Artstor Content (whether of the same or different images) as that provided before the withdrawal of such Artstor Content.

15   Privacy Policy.

15.1    Use of Artstor indicates acceptance of Artstor's Privacy Policy, available http://www.artstor.org/privacy-policy, as may be amended from time to time. Artstor will use reasonable efforts to maintain sufficient security with respect to all IP addresses, usernames, passwords, and user e-mail addresses provided by Institutional Licensees and Authorized Users in accordance with such Privacy Policy.

15.2    In compliance with the Children’s Online Privacy Protection Act, Institutional Licensee is solely responsible for ensuring that Authorized Users under 13 years of age do not provide Artstor with personally identifiable information. If Artstor learns that an Authorized User under the age of 13 has provided an email address containing personal information, Artstor may immediately disable the Authorized User’s registered account.

16    Force Majeure.

16.1    Neither Artstor nor Institutional Licensees or Authorized Users will be liable for failures or delays in performing their obligations pursuant to this contract arising from any cause beyond their control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, lockouts or labor disputes, epidemics, wars, riots, earthquakes, storms, typhoons and floods. In the event of any such delay, the time for either party's performance will be extended for a period equal to the time lost by reason of the delay. If the conditions giving rise to the delay continue beyond thirty (30) consecutive days, either party may terminate its ADL Institutional Participation Agreement by giving written notice to the other party.

17    General.

17.1    These Terms and Conditions of Use are, where applicable, subject to and incorporated by reference into Institutional Licensees' ADL Institutional Participation Agreements. In the event of any conflict between these Terms and Conditions of Use and the ADL Institutional Participation Agreement applicable to an Institutional Licensee and/or Authorized User, the ADL Institutional Participation Agreement will prevail.

17.2    These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of New York in the United States of America. You consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts. You expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions of Use.

17.3    If you are a United States public educational or government institution, those portions of these Terms and Conditions which are invalid or unenforceable against you due to applicable state or federal law, shall be construed in a manner most consistent with applicable governing law.

17.4    If any provision or provisions of these Terms and Conditions of Use shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. A waiver of any breach of these Terms and Conditions of Use shall not be deemed a waiver of other breaches of the Terms and Conditions of Use or the ADL Institutional Participation Agreement.

17.5    The English language version of Agreements with Artstor will be controlling over any other version.

17.6    In the interest of managing the evolving needs of Institutional Licensees, Authorized Users, and Content providers, Artstor reserves the right to modify these Terms and Conditions of Use, or any aspect of the Artstor Digital Library, at any time. The most updated version of these Terms and Conditions of Use will be posted on the Artstor website. Artstor will notify Institutional Licensees via email of material modifications. A modification will become effective for an Institutional Licensee if it does not object in writing to Artstor within 60 (sixty) days from the time Artstor emails notice of the modification. In the event of such an objection, the Institutional Licensee will have the right to terminate the ADL Institutional Participation Agreement on 30 (thirty) days written notice. Your use of the Artstor Digital Library constitutes your agreement to the modified Terms and Conditions of Use and all changes thereto.