JSTOR Terms and Conditions of Use

By accessing and/or using JSTOR, you accept and agree to abide by the following Terms and Conditions of Use:

1. Limited License. JSTOR consists of an electronic archive (the "JSTOR Archive") containing Content (as defined herein) and software and other electronic tools that are designed to permit you to access, use, reproduce, display, and distribute such Content ("Access Software") for the limited purposes herein. Content includes all articles, book reviews, front matter, back matter, images, indexing, and other texts, graphics, and all other materials incorporated into JSTOR. JSTOR hereby grants you a limited, nonexclusive license to access and use the JSTOR Archive, and to use, display, distribute, and reproduce the Content, solely in accordance with these Terms and Conditions of Use (the "License"). You may not sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment, or transfer is void.
2. Only Authorized Users May Access the JSTOR Archive. You may not sublicense or authorize access to the JSTOR Archive (by sharing passwords or by other means) to anyone who is not an Authorized User. "Authorized Users" are persons designated by your institution who have agreed to access and use JSTOR in accordance with the Terms and Conditions of Use. Your institution may provide access to only the following categories of individuals: those individuals who have a current official or unofficial affiliation with your institution, or individuals who do not have a current official or unofficial affiliation, but who are using that institution's library or other facilities (referred to as "Walk-In Users"). For more information on Authorized Users, contact your institution's librarian or information services administrator. In addition, purchasers of Content through the Publisher Sales Service (described in section 6 herein) are authorized to use such Content in accordance with these Terms and Conditions of Use.
3. Restricted Access to, and Distribution of, Content. You may not distribute, make available, and/or attempt to make available, any of the Content in JSTOR (whether alone or incorporated into other materials) to persons and/or entities other than: (a) other Authorized Users, (b) the audience members at a scholarly or educational presentation, lecture, seminar, or similar activity conducted by you (via displays and print hand outs only), or (c) limited numbers of scholars or researchers, when you are making available a work that incorporates Content for purposes of collaboration, comment, or similar educational or scholarly use, if such use conforms to the customary and usual practice in the field. Content may not be incorporated into an unrestricted database or website, or made available to others (electronically or otherwise) except as permitted herein, whether that Content is alone or incorporated into other materials.
4. Permitted Uses. You may access, use, display, reproduce, and distribute the Content in JSTOR, provided you abide by the access and distribution restrictions in section 3, for the following Permitted Uses only: (a) research activities; (b) classroom instruction and related classroom activities; (c) student assignments; (d) public display as part of a noncommercial scholarly or educational presentation, such as in an educational, cultural, or scholarly seminar, class, lecture, conference, exhibit, or workshop, or a similar noncommercial professional activity, if such use conforms to the customary and usual practice in the field; and (e) use in research or a dissertation, including reproductions of the dissertation, provided such reproductions are only for personal use, library deposit, and/or use solely within the institution(s) with which you and/or your faculty readers are affiliated.

   Should your institutional access to the JSTOR archive terminate or expire, you may keep only those print or electronic copies of Content appearing in lesson plans or in other pedagogical, educational, or scholarly materials for uses that are consistent with fair use and other exceptions to intellectual property rights laws, provided that such uses comply with the Terms and Conditions of Use, which shall survive the termination of access to the JSTOR archive.

5. Prohibited Uses. You may not: (a) use the JSTOR Archive, or use, display, reproduce, or distribute Content from JSTOR for fee-for-service or fee-for-Content use of JSTOR, course-packs or electronic reserves (but see Section 10, herein), or make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use; (b) distribute and/or make available Content in JSTOR to persons other than as expressly permitted herein; (c) provide and/or authorize access to the JSTOR Archive or to Publisher Sales Service Content (described in section 6 herein), such as through the sharing of passwords, to persons or entities other than Authorized Users; (d) download or print, or attempt to download or print, substantial portions of the entire run of a journal; (e) use Content in JSTOR to stock or replace library print holdings; (f) incorporate Content into print or electronic materials that are for purchase or are disseminated for commercial purposes (such as by a scholarly or commercial press); (g) use (including reproduce, distribute, perform, or display) JSTOR or its Content in any way that is not authorized under this Agreement and that infringes another's intellectual property rights therein; (h) make any adaptation or modification of, or any derivative work from, Content; or (i) attempt to override, circumvent, or disable any encryption features or software protections employed in JSTOR.
6. Publisher Sales Service Content. Publisher Sales Service Content is Content available for purchase through the JSTOR-facilitated Publisher Sales Service, a service through which persons unaffiliated with an institution participating in JSTOR or an institution participating in a JSTOR collection that includes such Content may purchase such Content from the publisher for a fee established by the publisher. When using the Publisher Sales Services, you agree to access, display, reproduce, perform, distribute and use Publisher Sales Service Content only in accordance with these Terms and Conditions of Use. JSTOR does not select Publisher Sales Service Content, and under no circumstances shall JSTOR be liable in any way for any such Publisher Sales Service Content, including but not limited to, for any errors or omissions in any Publisher Sales Service Content; for any loss, damage, claim, or liability of any kind incurred in connection with such Publisher Sales Service Content, including the access, use, display, performance, reproduction, or distribution of such Publisher Sales Service Content, or for any loss, claim, damage, or liability should such Publisher Sales Service Content violate or infringe any third party rights (including without limitation any patent, trademark, trade secret, copyright or other proprietary rights) or any international, federal, state, or local law, statute, or regulation.

   In facilitating the Publisher Sales Service, JSTOR is relying on the online service provider protections under the Digital Millennium Copyright Act at 17 U.S.C. § 512 (the "DMCA"), and is required under the DMCA to expeditiously remove from its servers or disable access to Content for purposes of the Publisher Sales Service where JSTOR learns or becomes aware that such Publisher Sales Service Content infringes the copyright of a third party and to terminate a user's access to JSTOR and/or the Local Content Services when that individual or institution repeatedly infringes another's copyright. JSTOR shall in no way be held liable for terminating your access to such Publisher Sales Service Content or to JSTOR. Should you believe that Content (whether Publisher Sales Service Content or Content selected by JSTOR for inclusion in the JSTOR Archive) violates your copyright, please send a written notice to JSTOR, directed to:

   Emergency Removal Request
   Attn: Publisher Relations
   JSTOR
   149 Fifth Avenue, 8th Fl.
   New York, NY 10010
   E-mail: pr@jstor.org
   Telephone: (212) 358-6400
   Fax: (212) 358-6499

   Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the infringing material and information that will permit JSTOR to locate the material; (d) information that will permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. Copyright Notices. You agree not to modify, obscure, or remove any copyright notice or other attribution included in JSTOR, and not to authorize others to do so.
8. Use of Software. You have no rights to the Access Software and its related documentation, other than the limited license granted herein. You may not copy, distribute, modify, decompile, reverse engineer, circumvent, override or disable encryptions or other protections in, or create derivative works from the Access Software. You may not access JSTOR except through the Access Software.
9. Trademarks. JSTOR and the JSTOR logo are trademarks of JSTOR. Your use of JSTOR implies no right in these trademarks.
10. Links. You may establish links to facilitate access to Content by Authorized Users, as set forth in greater detail at Linking with JSTOR. Many researchers find links to be a helpful way to facilitate access to Content by a group of Authorized Users. In addition, JSTOR may be accessible from links within related or unrelated websites and resources. JSTOR shall not be liable for any loss, injury, claim, liability, or damages of any kind arising out of or in connection with such links. JSTOR may provide links to other websites for the benefit or convenience of its users. JSTOR makes no representation or warranty of any kind, express or implied, with respect to such websites, and the linking to such websites shall not constitute any kind of endorsement of such sites. You should direct any concerns regarding any outside link to its site administrator.
11. Maintaining Security of the JSTOR Archive. You are responsible for maintaining the confidentiality and security of your username and/or password (if such are provided), and for all usage or activity by you of JSTOR, and you hereby agree not to provide access to JSTOR to anyone else (other than as expressly instructed by your institution). You may not set up an anonymous remailer for purposes of allowing access to JSTOR. You may set up a proxy server to facilitate access to JSTOR only if you are acting on behalf of an institution that has disclosed such proxy server in its Institutional License, described in section 19 herein) and such proxy server is operated in accordance with such Institutional License and provides access to JSTOR only by Authorized Users.
12. Suspected Violations of these Terms and Conditions or Unauthorized Uses. You shall promptly notify JSTOR and the institution with which you are affiliated, or whose facilities you are using, of any known or suspected unauthorized use(s) of your account or JSTOR, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure or use of your username, password, and/or IP address. Any use of JSTOR 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 your account, or termination of access to JSTOR from your IP address, without notice and at JSTOR's sole discretion. The foregoing includes but is not limited to activity by you that may burden JSTOR's server(s) such as computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators.
13. Breach of these Terms and Conditions. You agree that JSTOR shall in no way be liable for any loss, injury, claim, liability, damages, costs, or attorneys' fees for the violation by you of these Terms and Conditions of Use, or any use of JSTOR that exceeds the Terms and Conditions of Use.
14. Defense of Claims. In the event that any claim or threatened claim is asserted against you in connection with your use of JSTOR, you agree to immediately notify JSTOR and to reasonably cooperate in the defense of such a claim or threatened claim as required by JSTOR. JSTOR reserves the right (but not the obligation), at its own expense, to assume the exclusive defense and control of any such matter, subject to indemnification by you if it is the result of your unauthorized use or breach of the Terms and Conditions of Use.
15. Disclaimers. JSTOR will not be held liable for any delays, inaccuracies, errors or omissions in JSTOR or Content, in the transmission or delivery of all or any part thereof, or for any damages arising from any of the foregoing. JSTOR does not represent or endorse the accuracy or reliability of any Content. JSTOR AND THE ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND JSTOR AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM TO THE FULLEST EXTENT OF THE LAW ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO JSTOR, CONTENT, THE ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JSTOR AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT JSTOR WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. JSTOR AND ALL CONTENT PROVIDERS FURTHER 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 AND PRIVACY, MORAL RIGHTS, AND/OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION, AND FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTY WITH RESPECT TO ANY CLAIMS AND/OR THREATENED CLAIMS (INCLUDING INTELLECTUAL PROPERTY RIGHTS CLAIMS AND/OR THREATENED CLAIMS) RELATING TO: LINKS BETWEEN JSTOR AND OTHER SITES AND/OR THE CONTENT ON SUCH LINKED SITES; PUBLISHER SALES SERVICES AND PUBLISHER SALES SERVICE CONTENT; USES, DISPLAYS, PERFORMANCES, REPRODUCTIONS, AND DISTRIBUTIONS MADE OUTSIDE OF THE UNITED STATES OF AMERICA OF JSTOR AND/OR ITS CONTENT; ADAPTATIONS AND/OR MODIFICATIONS OF CONTENT; ANY AND ALL USES, REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS THAT EXCEED THE PERMITTED USES (WHETHER PERMITTED BY LAW OR OTHERWISE); AND/OR ANY USE(S), REPRODUCTIONS, DISPLAYS, PERFORMANCES, AND DISTRIBUTIONS MADE OF CONTENT (PRINTED OR EXPORTED) AFTER THE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
16. Withdrawing Content from JSTOR. In addition to the provisions in section 6 herein, JSTOR may withdraw Content from JSTOR for good cause shown. JSTOR would endeavor, to the extent practicable, to minimize any inconvenience to Authorized Users caused by such withdrawal by, for example, seeking to withdraw Content only at the conclusion of an academic semester (except as set forth in section 6 herein). However, should JSTOR be unable to avoid such inconvenience, you shall in no way hold JSTOR liable for the withdrawal of such Content from the JSTOR archive.
17. Privacy Policy. Your use of JSTOR indicates your acceptance of JSTOR's Privacy Policy, as it may be amended from time to time. JSTOR's Privacy Policy provides in part that JSTOR may disclose information about usage of JSTOR and demographics pertaining thereto so long as such disclosure does not reveal users' personal identities, unless such disclosure is required to protect against violations of this License, or to protect and defend JSTOR's rights or property, or the rights or property of third-party rights holders and contributors to JSTOR, is reasonably necessary for pursuing a claim or investigation concerning alleged violation(s) of the Terms and Conditions of Use or is in response to a subpoena, court order, or other legal proceeding, or otherwise as set forth in the Privacy Policy. Should you choose to use some optional functions in JSTOR, you may be required to provide your email address. For more information on monitoring and gathering usage data, see JSTOR's Privacy Policy.
18. Fair Use, Educational, and Other Exceptions to Copyright Laws. Nothing in this Agreement should be construed or interpreted to limit those uses of Content printed or exported from JSTOR that are permitted under the fair use, educational exceptions, or other provisions to the copyright laws or other intellectual property right laws in the United States or in other countries, but you make such uses at your own risk. Nothing in these Terms and Conditions of Use should be construed as JSTOR authorizing you to incorporate Content into electronic or print materials that are for purchase or are disseminated for commercial purposes (such as by a scholarly or commercial press), to make any commercial use of JSTOR or Content therein, or to make any use, display, performance, reproduction, or distribution of JSTOR or Content therein not expressly authorized in these Terms and Conditions of use. Copyright is not claimed by JSTOR as to any work of the United States government, or to any work that is in the public domain. You expressly acknowledge and agree that JSTOR shall not be liable in any way for all uses that you make of the Content that exceeds these Terms and Conditions of Use, whether or not you are relying on fair use and/or other provisions of the United States copyright or other intellectual property rights laws.
19. General.
    1. This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of New York or United States Federal law, as applicable, excluding any such laws that might direct the application of the laws of another jurisdiction, and venue shall lie exclusively in the federal and state courts of the United States, excluding any such laws to the contrary. 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 unless your actions are on behalf of an institution whose license agreement with JSTOR ("Institutional License") subjects it to the laws and/or jurisdiction of other than New York and/or the United States for the specific matter at issue and are consistent with such Institutional License. Your willful misconduct, tortuous interference with, or material violation of such Institutional License shall not be deemed to be actions on behalf of such institution or consistent with such Institutional License. Please contact your librarian or information services administrator for further details concerning your Institutional License. You expressly agree to waive all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods. You agree to waive all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law arising in the course of any dispute herein, or with respect to any award made.
    2. If any provision or provisions of this License 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 this Agreement shall not be deemed a waiver of other breaches of the Agreement.
    3. These Terms and Conditions of Use set forth the entire Agreement between us.
    4. This Agreement has been executed for the sole benefit of the Parties to this Agreement and is not intended for the benefit of any third party, and the Parties expressly disclaim the creation of any third party beneficiary rights under this Agreement.
20. Terms and Conditions Subject to Change. JSTOR may change these Terms and Conditions, or any aspect of JSTOR, at any time. Your use of JSTOR constitutes your agreement to the modified Terms and Conditions of Use and all changes thereto. The most updated Terms and Conditions of Use will be posted on the JSTOR website.

Last updated on December 11, 2006