This agreement (the “Agreement”) contains the terms and conditions for your participation in the STALIN DIGITAL ARCHIVE. Please read it carefully. By using the Stalin Digital Archive site, you agree to the terms and conditions contained herein.
1. Welcome to the Stalin Digital Archive
1.1. Yale University Press (“Publisher”), in partnership with The Russian State Archive of Socio-Political History, provides a Software-as-a-Service (SaaS) digital archive that makes available a significant corpus of Joseph Stalin’s personal papers as well as volumes from Yale’s well-regarded Annals of Communism series of books (“STALIN DIGITAL ARCHIVE” or the “SDA”). Publisher’s goal is for the SDA to provide access to documents and books which have heretofore been difficult to access, enable users to digitally navigate and annotate this content, and provide collaboration tools.
1.2. These Terms and Conditions of Service shall apply to your use of the SDA. By using the SDA, you are agreeing to these Terms and Conditions of Service. Where applicable, these Terms and Conditions of Service apply to individuals and institutions accessing the SDA and, where applicable, are subject to the agreement entered into between the Publisher and a user’s affiliated institution, such as a user’s college or university. If you have questions about your affiliated institution’s participation agreement with the Publisher, please contact your librarian.
2. Authorized Users
2.1. Access to content on the Stalin Digital Archive is available for “Authorized Users” meaning:
(a.) individuals who are affiliated with an Institutional Licensee (i.e. who work within the authenticated IP range of an Institutional Licensee).
i. for educational non-profit and for-profit Institutional Licensees (such as colleges, universities, and secondary schools): currently-enrolled students (including distance education students); on an ad hoc basis, researchers affiliated and/or visiting under the terms of an agreement with the Institutional Licensee; full and part-time staff; and on-site users physically present and authorized to be on the Institutional Licensee's premises ("Walk-In Users");
ii. for museums; foundations; government agencies; corporate and for-profit organizations (other than for-profit educational organizations); and research center Institutional Licensees: full and part-time staff; on an ad hoc basis, researchers and lecturers affiliated and/or visiting under the terms of an Institutional Licensee; and Walk-In Users;
iii. for public library Institutional Licensees: full and part-time staff; and Walk-In Users
(b.) individual members of scholarly societies that have entered into an agreement with Publisher for access to specific Content via the SDA ("Individual Access"); and
(c.) other users of specified content agreed upon in writing by or on behalf of Publisher, including users of (i) Data for Research; and (ii) individual researchers not affiliated with a SDA participating institution, publication, or scholarly society;
2.2. "Institutional Licensee(s)" mean institution(s) that maintain(s) a valid Institutional Participation Agreement.
3. The Content
3.1. “Licensed Content” means scanned images and related information from the Russian State Archive of Social and Political History (RGASPI) from Fond 558, which covers Stalin's personal biography, his work in government, and his conduct of foreign affairs. It also includes fully-digitized transcriptions of books in the Publisher’s Annals of Communism (AOC) series.
3.2. “User Generated Content” means content available on the SDA that is posted by any user of the SDA other than the Publisher. This content includes notes, annotations, bookmarks, tags, invitations to groups and discussion forum comments.
4. Permitted Uses. Institutional Licensees and/or Authorized Users
4.1. Your use of Content is limited to non-commercial purposes. As a user or subscriber you are permitted to:
(a.) search, view, retrieve, and display portions of Content
(b.) electronically save portions of Content; and/or
(c.) print out single copies of portions of Content
4.2. To reproduce multiple copies for the classroom or publish Content from the SDA, you must request permission from Yale University Press or such organization as it appoints.
4.3. All printing, downloading and reproduction of Licensed Content must be in accordance with copyright law and these terms of use.
5. Responsibilities of Institutional Licensees
5.1. Institutional Licensees shall make reasonable efforts to ensure that access to the Content is limited to Authorized Users and to protect the Content from unpermitted use. Institutional Licensees shall notify the Publisher of any such unpermitted use of which they learn or are notified and shall cooperate with the Publisher in resolving instances of unpermitted use. In the event of violation of these Terms and Conditions of Service,
(a.) the Publisher may suspend or terminate, or, where practicable, request that Institutional Licensee suspend or terminate, such Authorized User's access to the Licensed Content;
(b.) the Publisher may suspend or terminate the access of the Internet Protocol ("IP") address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred; and/or
(c.) the Publisher may request Institutional Licensee to consider the imposition of further reasonable restrictions on access to, and printing from, the SDA. The Publisher shall make reasonable efforts to contact the Institutional Licensee prior to any suspension or termination of access and to restore access promptly following successful resolution of the matter.
5.2. Access to the SDA shall be controlled by the Publisher through the use of IP address restriction. Institutional Licensees shall be responsible for providing sets of IP addresses to Publisher if applicable, and updating such lists on a regular basis.
6. Responsibilities of Authorized Users
6.1. 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 them of the SDA. Except as permitted for certain Content, you may not provide access to the SDA to anyone else, including by setting up an anonymous remailer for purposes of allowing access to the SDA.
6.2. You promptly shall notify the Publisher at support@stalindigitalarchive.com and, where applicable, your affiliated Institutional Licensee, of any known or suspected unauthorized use(s) of your account or the SDA, 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 the SDA beyond the scope or in violation of these Terms and Conditions of Service, knowing use of any password or username of another, or any fraudulent, abusive, or otherwise illegal activity, may be grounds for termination of an account, or termination of access to the SDA from an IP address, without notice and at the Publisher's sole discretion.
6.3. Where you are able to submit material and/or post comments to the SDA, you will use SDA in a responsible, professional manner in accordance with the law. You are responsible for your conduct while using the SDA, as well as for any content you post, distribute, transmit, or solicit from others while using it. You will not use the SDA in such a way as to distribute, link-to, transmit or solicit any content of any type that:
(a.) is knowingly false or includes misleading indications of origin or statements of fact;
(b.) is unlawful, libelous, violates a contract, or regulation;
(c.) is obscene, harmful to minors, pornographic, invasive to another's privacy, racist, unethical, or otherwise offensive;
(d.) advocates or solicits criminal behavior, violence or racism;
(e.) infringes on someone's intellectual property rights, copyright, or other right;
(f.) constitutes unauthorized or unsolicited commercial communications such as advertising or bulk or SPAM email;
(g.) contains any computer code designed to disrupt, damage or impair any computer or network systems and software, such as viruses, trojans, back doors, or macros, whether or not any damage occurs;
(h.) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; or
(i.) defaces the SDA in any way.
6.4. You acknowledge and agree that any material that you submit or comment that you post to the SDA may be edited, removed, modified, and/or published by the Publisher without notice. You agree to indemnify and hold the Publisher harmless from any and all liability and costs incurred in connection with any claim arising out of your breach of the foregoing representations and warranties. You will cooperate as fully as reasonably required in the defense of any claim. Publisher reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
7. Responsibilities of the Publisher
7.1. The Publisher will use reasonable efforts to provide continuous availability of the SDA, subject to periodic unavailability due to maintenance of the server(s), the installation or testing of software, the loading of the SDA Content as it becomes available, and downtime related to equipment or services outside the control of the Publisher, including public or private telecommunications services or internet nodes or facilities ("Maintenance Downtime").
8. Prohibited Uses
8.1. Institutions and Users shall not be permitted to:
(a.) rent, sell, assign, sublicense, or otherwise grant rights in, publish, disclose or otherwise transfer or distribute the materials or information about the design or functionality of the SDA to any third party without prior written consent of Publisher;
(b.) attempt to override, circumvent, or disable any encryption features or software protections employed in the SDA;
(c.) incorporate Content into any publicly available database or website;
(d.) systematically print out or download Licensed Content in bulk to stock or replace print holdings, or download Licensed Content in a manner that results in the User essentially reproducing on his or her computer all or any substantial portion of the SDA or any individual component thereof;
(e.) modify, obscure, or remove any copyright notice or other attribution included in the Content;
(f.) undertake coordinated or systematic activity between or among one or more individuals and/or entities that, in the aggregate, constitutes distributing a significant portion of the Content.
(g.) use any content on the Website whether restricted content or otherwise for any commercial use.
9. Intellectual Property Rights.
9.1. General Intellectual Property Rights. The Publisher 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 SDA and its participating libraries, universities, publishers, scholarly societies, and journals are proprietary to Publisher or, as applicable, the aforementioned entities, subject to the rights of third parties. Institutional Licensees and Authorized Users' use of the SDA implies no rights to Intellectual Property.
9.2. Trademarks. Neither Publisher nor Institutional Licensee may use the other's name or trademark and Institutional Licensees and users may not use the name or trademarks of the above-noted entities in a way likely to cause confusion as to the origin of goods or services, or to endorse or show affiliation with the other, except as specifically approved. Notwithstanding the foregoing, (i) Publisher may use Institutional Licensees' names and/or the names of their libraries in brochures or other materials to identify Institutional Licensees as Users in the SDA along with other Users, and (ii) Institutional Licensees are encouraged to use the SDAs name and logo to announce participation to Authorized Users and to train Authorized Users on the use of the SDA.
10. Software
10.1. The SDA uses software and other electronic tools designed to permit Authorized Users to access, use, reproduce, display, and distribute Content ("Access Software"). Use of the Access Software and its related documentation is limited to the license granted herein. Institutional Licensees and users 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.
11. Warranties and Disclaimers
11.1. Authorized Users recognize that Publisher is an aggregator of third-party Content, not the creator of the Content. Publisher represents and warrants under the laws of the United States that to its knowledge use of the SDA and Licensed Content by Authorized Users in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Institutional Licensees, Authorized Users or by any third party, nor usage of the SDA or Content by Institutional Licensees or Authorized Users in violation of these Terms and Conditions of Service. Please note that the foregoing further will not apply to certain collections of Content.
11.2. Publisher will not be liable, and Institutional Licensees and Authorized Users agree that they will not hold Publisher liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of the SDA 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 SDA or Content in violation of these Terms and Conditions of Service. If the SDA fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify Publisher, and, subject to Section 9.1 above, Publisher's sole obligation will be to repair the nonconformity. In no event will Publisher's liability to an Institutional Licensee exceed the fees paid to Publisher by that Institutional Licensee for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, THE SDA, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND PUBLISHER AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS ("CONTENT PROVIDERS") DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO SDA, CONTENT, 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. PUBLISHER 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 VIRUS, EXCEPT THAT PUBLSIHER WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. PUBLISHER 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, OR THE DISCLOSURE IN THE CONTENT 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 THE SDA AND OTHER SITES AND/OR THE CONTENT ON SUCH LINKED SITES; 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 AND/OR THE APPLICABLE INSTITUTIONAL PARTICIPATION AGREEMENT.
12. Withdrawing Content from SDA.
12.1. Publisher may withdraw Content from SDA for good cause shown. Publisher 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. However, should Publisher be unable to avoid such inconvenience, Publisher in no way will be held liable for the withdrawal of such Content from the SDA. If Publisher withdraws a material amount of Content, 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 the Agreement then in effect or (b) terminate its agreement without penalty by providing written notice to Publisher.
13. Privacy Policy.
13.1. Use of the SDA indicates acceptance of SDA's Privacy Policy (including the use of cookies), available at http://www.stalindigitalarchive.com/frontend/privacy-policy as it may be amended from time to time.
14. Force Majeure.
14.1. Neither Publisher 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 and 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 agreement with the other by giving written notice to the other party.
15. General
15.1. These Terms and Conditions of Service shall be governed and interpreted by the laws of the State of Connecticut without regard to conflict of law rules. User hereby consents to the exclusive jurisdiction of the state and federal courts of Connecticut for any dispute arising out of this Agreement.
15.2. If any provision or provisions of these Terms and Conditions of Service will 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 will not be in any way affected or impaired thereby. A waiver of any breach of these Terms and Conditions of Service will not be deemed a waiver of other breaches of these Terms and Conditions of Service.
15.3. These Terms and Conditions of Service are subject to change. In the interest of managing the evolving needs of Institutional Licensees and Authorized Users, the Publisher reserves the right to modify these Terms and Conditions, or any aspect of the SDA, at any time. The most updated version of these Terms and Conditions of Service will be posted on the SDA website. The Publisher will notify Institutional Licensees via email of material modifications.
15.4. Use of SDA content and participation in SDA may be terminated for failure to comply with any terms of this Agreement or for any reason at Publisher’s discretion. Users may terminate their participation in the SDA by notifying Publisher at support@stalindigitalarchive.com. Upon termination, Users will immediately cease using and delete or destroy all electronic and paper copies of SDA content. User’s account will be terminated, and all associated content (e.g., annotations, saved searches, etc) will be deleted.
16. Entire Agreement
This Agreement constitutes the complete and exclusive agreement between you and Publisher with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
Effective Date: April 11, 2013
