ProQuest grants you a limited license to access the Site and use the Services in accordance with the Terms herein and the instructions and guidelines posted on the Site. ProQuest reserves the rights to terminate your license to use the Site and Services at any time and for any reason.
You are solely responsible for your use of the Site and Services. Because the Site is a collection of resource information, user-posted content does not represent the advice, views, opinions or beliefs of ProQuest, and ProQuest makes no claim of accuracy of any user-posted material, including but limited to comments; questions; answers to questions; suggested links and suggested reading. The Site allows for the posting of links to third-party websites. The linked websites' content, business practices and privacy policies are not under our control, and, you acknowledge and agree that ProQuest is not responsible for the availability of such external third party websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ProQuest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such third party website or resource. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with ProQuest.
By posting content, you understand that all information, including but not limited to, data, text, hyperlinks, photographs, graphics, comments, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of you. This means that you, and not ProQuest, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. By posting Content, you are granting permission to ProQuest and others to access and use it in connection with the Services, the Site and otherwise in connection with our business. Further, by posting Content to the Site, you are granting ProQuest the perpetual, irrevocable, non-exclusive, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. ProQuest is explicitly not responsible for the manner or circumstances by which third parties access or use Content on the Site or Services and is under no obligation to disable or otherwise restrict this access. Further, ProQuest or any EEBO Interactions users assigned "Editor" privileges may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of ProQuest violates these Terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. ProQuest assumes no responsibility for monitoring the Site or Services for inappropriate Content or conduct. If at any time ProQuest chooses, in its sole discretion, to monitor the Site or Services, ProQuest nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
User Account and Password Information
By registering for an account on the Site, you agree that you will accurately represent your affiliation and standing, including but not limited to academic, corporate, organization, company, or firm. Specifically, you will not represent that you are affiliated with an organization to which you are no longer or have never been affiliated. Should your standing with respect to a particular affiliation indicated during registration change, you agree to accurately reflect such changes within your registration information or to discontinue use of your membership. Further, you will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to not enable others to use your account and password information to access the site. You agree to (1) immediately notify ProQuest of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. ProQuest cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
ProQuest does not control the Content posted via the Site or Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site or Services, you may be exposed to Content that is offensive, indecent, inaccurate, or objectionable. Under no circumstances will ProQuest be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site or Services. You agree to not use the Site or Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, email, link, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, link, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, link, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, link, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, post, email, link, transmit or otherwise make available an endorsement or comment of a product of service with which you are affiliated without disclosing your affiliation with such product or service;
harm minors in any way; impersonate any person or entity, including, but not limited to, a ProQuest official or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in exchanges on the Site;
interfere with or disrupt the Site or Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users. You acknowledge, consent and agree that ProQuest may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ProQuest, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks and servers; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Digital Millennium Copyright Act (DMCA) Policy
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on any website controlled or operated by ProQuest (the “ProQuest Site” or “Site”) can be identified and removed via ProQuest’s DMCA compliance process found here.
EEBO Interactions Proprietary Rights
You acknowledge and agree that the EEBO Interactions service and any necessary software used in connection with the EEBO Interactions service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. EEBO Interactions, ProQuest, and the ProQuest logo design are trademarks or trade dress of ProQuest, and may not be used without express written permission from ProQuest, other than for attribution. All other trademarks not owned by ProQuest that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ProQuest. Any and all such logos may not be used without the express prior written permission of the respective owners. ProQuest-originated content included on the Site, such as text, graphics, logos, data compilations, software and the compilation of all content on the Site, is the property of ProQuest and its licensors and protected by United States and international copyright laws. Except as set out in these Terms of Service, no reproduction of any ProQuest-originated content is permitted without written permission from ProQuest.
Disclaimer of Warranty and Liabilities
PROQUEST PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PROQUEST SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL PROQUEST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT PROQUEST HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH PROQUEST SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.
ProQuest and you are independent entities, and nothing in the Terms of Service, or via use of the Site or Services, shall directly or indirectly create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between ProQuest and you. These Terms of Service supersede any previous agreement and represent the entire agreement between ProQuest and you with respect to EEBO Interactions. These Terms are governed by the laws of the State of Michigan without reference to conflict of laws principles. If any provision of the Terms is found invalid or unenforceable pursuant to a decree of decision of competent jurisdiction, the remainder of the Terms shall remain valid and enforceable according to its terms. Any notices must be sent to ProQuest, LLC at: 789 East Eisenhower, P.O. Box 1346, Ann Arbor, MI 48106-1346 USA.