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Terms and Conditions of Use

Annotated Series

Preservation Series

Copyright © 2020

The RIPM databases and the software provided for accessing them are protected by copyright and may not be used except as authorized by RIPM Terms and Conditions of Use. You may not copy, distribute, modify, decompile, reverse engineer, circumvent, override or disable encryptions or other protections in, or create derivative works of the databases or the software. You may not access RIPM, RFT and or other RPS titles except through the software. You may not use the software to access any other work.


Compliance with Terms and Conditions of Use

A contract exists between RIPM PUBLICATIONS and all users of both the Annotated Series including RIPM Retrospective Index to Music Periodicals, the RIPM Retrospective Index to Music Periodicals with Full Text, and all titles in RIPM’s Preservation Series that indicates the manner in which their CONTENT may and may not be used.

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The statement above appears once per session. Your acceptance of this statement indicates that you are familiar with the Terms and Conditions of Use stated below and that you will comply fully with them.

Terms and Conditions of Use

By accessing and/or using the Retrospective Index to Music Periodicals, hereafter known as RIPM, the RIPM Retrospective Index to Music Periodicals with Full Text, hereafter known as RFT, and all titles in the RIPM Preservation Series, including RIPM Jazz Periodicals, hereafter known as RPS, you accept and agree to abide by the following Terms and Conditions of Use:

  1. Content

    RIPM consists of a database of annotated records dealing with the CONTENT (as defined herein) of music periodicals and software and other electronic tools designed for AUTHORIZED USERS to access, use, reproduce, display, and distribute such CONTENT (as defined herein) for the limited purposes stated in these Terms and Conditions. RFT consists of a database of annotated records dealing and of an electronic archive containing the CONTENT (as defined herein) of music periodicals and software and other electronic tools designed for AUTHORIZED USERS to access, use, reproduce, display, and distribute such CONTENT (as defined herein) for the limited purposes stated in these Terms and Conditions. RIPM FT also consists of an electronic archive containing CONTENT (as defined herein) and software and other electronic tools that are designed to permit AUTHORIZED USERS to access, use, reproduce, display, and distribute such CONTENT (as defined herein) for the limited purposes stated in these Terms and Conditions. RPS titles consist of a database and electronic archive dealing with the CONTENT (as defined herein) of music periodicals and software and other electronic tools designed for AUTHORIZED USERS to access, use, reproduce, display, and distribute such CONTENT (as defined herein) for the limited purposes stated in these Terms and Conditions. CONTENT includes all annotated records, articles, book reviews, front matter, back matter, images, indexing, and other texts, graphics, and all other materials incorporated into RIPM, RFT, and all RPS titles.

  2. Limited License

    RIPM PUBLICATIONS hereby grants to the LICENSEE a non-transferable and non-exclusive right to use RIPM, RFT, and all RPS titles, made available by RIPM PUBLICATIONS, solely in accordance with these Terms and Conditions of Use (the "License"). The LICENSEE may not sublicense, assign, or transfer the License, and any attempt at such sublicense, assignment, or transfer is void. The licensed CONTENT is the subject of copyright protection, and the original copyright owner (RIPM PUBLICATIONS or its licensor) retains the ownership of RIPM, RFT, and all RPS titles and all portions thereof. RIPM PUBLICATIONS does not transfer any ownership, and the LICENSEE and Sites may not reproduce, distribute, display, modify, transfer or transmit, in any form, or by any means, RIPM, RFT, and all RPS titles or any portion thereof without the prior written consent of RIPM PUBLICATIONS, except as specifically authorized in this Agreement.

  3. Authorized Users

    Only AUTHORIZED USERS may access RIPM, RFT, and RPS titles. AUTHORIZED USERS are employees, currently enrolled students, affiliated and visiting researchers, walk-in patrons, or other persons affiliated with LICENSEE and permitted to use LICENSEE’S facilities and authorized by LICENSEE to access Databases. LICENSEES shall make reasonable efforts to ensure that access to RIPM, RFT, and all RPS titles is limited to AUTHORIZED USERS and to protect RIPM, RFT, and all RPS titles from unpermitted use.

  4. Onsite Access

    The LICENSEE is authorized to provide on-site access through its Sites to RIPM, RFT, and all RPS titles to any Authorized User. The LICENSEE may not post passwords to RIPM, RFT and/or all RPS titles on any publicly indexed web sites.

  5. Remote Access
    1. Universities, Colleges, junior colleges and similar institutions. (Questions concerning the status of an institution should be addressed to publications@ripm.org.) These LICENSEES and Sites are authorized to provide remote access to RIPM, RFT, and all RPS titles only to their AUTHORIZED USERS as long as security procedures are undertaken that will prevent remote access by institutions, employees at non-subscribing institutions or individuals that are not parties to this Agreement.
    2. Public Libraries, archives, museums and similar institutions (Questions concerning the status of an intuition should be addressed to publications@ripm.org.) Remote access to RIPM, RFT, and all RPS titles is not permitted by public libraries and similar institutions.
  6. Restricted Access to, and Distribution of, CONTENT

    The LICENSEE and its AUTHORIZED USERS agree not to distribute, make available, and/or attempt to make available, any of the CONTENT in RIPM, RFT, and all RPS titles (whether alone or incorporated into other materials) to persons and/or entities other than: (1) other AUTHORIZED USERS, (2) the audience at a scholarly or educational presentation, lecture, seminar, or similar activity conducted by AUTHORIZED USERS (via displays and print handouts only), or (3) limited numbers of scholars or researchers, when AUTHORIZED USERS 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 web site, or made available to others (electronically or otherwise) except as permitted herein, whether that CONTENT is alone or incorporated into other materials.

  7. Permitted Uses
    1. AUTHORIZED USERS may access, use, display, reproduce, and distribute the CONTENT in RIPM, RFT, and/or all RPS titles, provided AUTHORIZED USERS abide by the access and distribution restrictions stated in the Agreement, for the following Permitted Uses only: (1) research activities; (2) classroom or organization instruction and related classroom or organization activities; (c) student assignments; (3) 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; (4) on an occasional basis without commercial gain to share limited and discrete CONTENT to others who are not AUTHORIZED USERS in order to collaborate, comment or to exchange ideas related to shared research interest (Question concerning the meaning of limited and discrete CONTENT should be addressed to publications@ripm.org ; (5) use in a research paper 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 the AUTHORIZED USERS and/or his or her faculty readers are affiliated. Should you reproduce CONTENT in manner described above, you must supply an appropriate reference to RIPM, RFT, and/or all RPS titles and, if available at www.ripm.org, to the Library that made the original document available to RIPM PUBLICATIONS.
    2. Should your institutional access to RIPM, RFT, and/or all RPS titles terminate or expire, AUTHORIZED USERS may continue to use downloaded CONTENT providing that the uses comply with these Terms and Conditions of Use, which shall survive the termination of access to RIPM, RFT, and/or all RPS titles.
  8. Prohibited Uses
    1. The use of CONTENT in RIPM, RFT, and/or all RPS titles for commercial purposes or gains is strictly forbidden. However, “commercial purposes or gains” do not include research that leads to a publication that is commercial in nature.
    2. User may not use CONTENT from RIPM, RFT, and/or all RPS titles to: (1) display, reproduce, or distribute for fee-for-service or fee-for-CONTENT use, course-packs or electronic reserves, or make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use; (2) distribute and/or make available CONTENT in RIPM, RFT, and/or all RPS titles to persons other than as expressly permitted herein; (3) provide and/or authorize access to RIPM, RFT, and/or all RPS titles, such as through the sharing of passwords, to persons or entities other than AUTHORIZED USERS; (4) download or print, or attempt to download or print a complete issue of a journal or multiple copies of any article, or a substantial portion of the entire run of a journal, unless such duplication is on a very rare, isolated and limited basis and undertaken with the prior written approval of RIPM PUBLICATIONS; (5) use CONTENT in RIPM, RFT, and/or all RPS titles to stock or replace library print holdings; (6) 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); (7) use (including reproduce, distribute, perform, or display) RIPM, RFT, and/or all RPS titles or its CONTENT in any way that is not authorized under this Agreement and that infringes another's intellectual property rights therein; (8) make any adaptation or modification of, or any derivative work from CONTENT; or attempt to override, circumvent, or disable any encryption features or software protections employed in RIPM, RFT, and/or all RPS ; (9) incorporate CONTENT into an database or web site.
  9. Copyright
    1. RIPM PUBLICATIONS is providing access to these materials for educational and research purposes. In doing so RIPM has made due diligence efforts to assure that Copyright law is respected in all countries where RIPM, RFT and/or all RPS titles are available. However, if inadvertently RIPM PUBLICATIONS has not respected the rights of a copyright holder we ask that this be brought immediately to our attention. We shall attempt without delay to regularize such a situation. If we are unable to do so, we reserve the right to remove the pertinent citations, pages or title(s) from RIPM, RFT and/or all RPS titlesor to cease making such pages or titles available in the country or countries where copyright infringement is claimed or has occurred.
    2. RIPM PUBLICATIONS 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 where RIPM PUBLICATIONS learns or becomes aware that CONTENT infringes the copyright of a third party and to terminate a user's access RIPM, RFT and/or all RPS titles and/or the Local CONTENT Services when that individual or institution repeatedly infringes another's copyright. RIPM PUBLICATIONS shall in no way be held liable for terminating your access to such CONTENT or to RIPM, RFT and/or all RPS titles. Should you believe that CONTENT selected by RIPM PUBLICATIONS for inclusion in RIPM, RFT and/or all RPS titles violates your copyright, please send a written notice to: Manager of Operations and Publication, 2616 Maryland Ave., Baltimore, Maryland 21218. Email: publications@ripm.org. Telephone: (410) 662-6014 Fax: (410) 662-6015. Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work(s) claimed to have been infringed; (3) identification of the infringing material and information that will permit RIPM PUBLICATIONS to locate the material; (4) 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; (5) 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 (6) 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. Copyright notices may not be modified, obscured, or removed or other attributions included in RIPM, RFT and/or all RPS titles, and others may not be authorized to do so.
    3. RIPM does not claim copyright in individual documents or publications which are in the public domain. Duplication of any portion of any such documents or publications is subject to the contractual restrictions as stated in RIPM’s "Terms and Conditions of Use." Neither all nor any part of RIPM’s Image files, Image Display Applications (IDA) and Annotated Calendars (Tables of Contents) may be copied, downloaded, stored in a retrieval system or in any other manner, further transmitted, or otherwise reproduced, disseminated, transferred, or used, in any form or by any means, except as permitted under the RIPM’s "Terms and Conditions of Use." The RIPM Consortium Ltd. makes no warranties or representations, express or implied, as to the accuracy, completeness, merchantability or fitness for use of the database and shall not be liable for any incidental or consequential damages or other claims related to the database or its use. Under no circumstances may copies produced under this provision be offered for sale or resale.
  10. Use of Software

    The LICENSEE and its AUTHORIZED USERS 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 RIPM, RFT and/or all RPS titles except through the Access Software.

  11. Links

    Links may be established to facilitate access to CONTENT by AUTHORIZED USERS. In addition, RIPM, RFT and/or all RPS titles may be accessible to AUTHORIZED USERS from links within related or unrelated web sites and resources. RIPM PUBLICATIONS shall not be liable for any loss, injury, claim, liability, or damages of any kind arising out of or in connection with such links. RIPM PUBLICATIONS may provide links to other web sites for the benefit or convenience of its users. RIPM PUBLICATIONS makes no representation or warranty of any kind, express or implied, with respect to such web sites, and the linking to such web sites shall not constitute any kind of endorsement of such sites.

  12. Maintaining Security of the ROA Archive

    The LICENSEE is responsible for maintaining the confidentiality and security of all usernames and/or passwords (if such are provided), and for all usage of RIPM, RFT and/or all RPS titles. Those employed by the LICENSEE may not provide access to RIPM, RFT and/or all RPS titles to anyone other than those expressly instructed by the LICENSEE. It is not permitted to set up an anonymous remailer for purposes of allowing access to RIPM, RFT and/or all RPS titles.

  13. Suspected Violations of these Terms and Conditions or Unauthorized Uses

    RIPM PUBLICATIONS must be notified promptly 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 for RIPM, RFT and/or all RPS titles, 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 RIPM, RFT and/or all RPS titles 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 RIPM, RFT and/or all RPS titles from your IP address, without notice and at RIPM PUBLICATIONS’ sole discretion. The foregoing includes but is not limited to activity by you that may burden RIPM, RFT and/or all RPS titles server(s) such as computer programs that automatically download or export CONTENT, commonly known as web robots, spiders, crawlers, wanderers or accelerators.

  14. Breach of these Terms and Conditions

    RIPM PUBLICATIONS shall in no way be liable for any loss, injury, claim, liability, damages, costs, or attorneys' fees for the violation of the LICENSEE of these Terms and Conditions of Use, or any use of RIPM, RFT and/or all RPS titles that exceeds the Terms and Conditions of Use.

  15. Disclaimers

    RIPM PUBLICATIONS WILL NOT BE HELD LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN RIPM, RFT and/or all RPS titles OR CONTENT, IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, OR FOR ANY DAMAGES ARISING FROM ANY OF THE FOREGOING. RIPM PUBLICATIONS does not represent or endorse the accuracy or reliability of any CONTENT. RIPM, RFT and/or all RPS titles AND THE ACCESS SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, AND RIPM, RFT and/or all RPS titles 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 RIPM, RFT and/or all RPS titles CONTENT, THE ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. RIPM PUBLICATIONS MAKES 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 RIPM PUBLICATIONS WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. RIPM PUBLICATIONS FURTHER DISCLAIMS ANY LIABILITY AND MAKES 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 DISCLAIMS ANY LIABILITY AND MAKES NO WARRANTY WITH RESPECT TO ANY CLAIMS AND/OR THREATENED CLAIMS (INCLUDING INTELLECTUAL PROPERTY RIGHTS CLAIMS AND/OR THREATENED CLAIMS) RELATING TO: LINKS BETWEEN RIPM, RFT and/or all RPS titles AND OTHER SITES AND/OR THE CONTENT ON SUCH LINKED SITES; USES, DISPLAYS, PERFORMANCES, REPRODUCTIONS, AND DISTRIBUTIONS MADE OUTSIDE OF THE UNITED STATES OF AMERICA OF RIPM, RFT and/or all RPS titles 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 RIPM, RFT and/or all RPS titles

    In addition to the provisions in Section IX herein, RIPM PUBLICATIONS may withdraw CONTENT from RIPM, RFT and/or all RPS titles for good cause shown. RIPM PUBLICATIONS 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 IX herein). However, should RIPM PUBLICATIONS be unable to avoid such inconvenience, the LICENSEE shall in no way hold RIPM PUBLICATIONS liable for the withdrawal of such CONTENT from RIPM, RFT and/or all RPS titles.

  17. 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 RIPM, RFT and/or all RPS titles 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 RIPM PUBLICATIONS authorizing you to incorporate CONTENT subject to copyright law 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 RIPM, RFT and/or all RPS titles or CONTENT therein, or to make any use, display, performance, reproduction, or distribution of RIPM, RFT and/or all RPS titles or CONTENT therein not expressly authorized in these Terms and Conditions of Use. Copyright is not claimed by RIPM PUBLICATIONS 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 RIPM PUBLICATIONS 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.

  18. Force Majeure

    Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, act of government, labor difficulty, sabotage, failure of suppliers or subcontractors or unavailability of material or supplies or any other cause beyond the control of such party (“Force Majeure”), provided that such party gives the other party written notice thereof promptly and in any event, within fifteen (15) days of discovery thereof. The time for either party's performance shall 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 ninety (90) consecutive days, either party may terminate its agreement with the other by giving written notice to the other party.

  19. General
    1. This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Maryland 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. The LICENSEE consents 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 RIPM PUBLICATIONS ("Institutional License") subjects it to the laws and/or jurisdiction of other than Maryland and/or the United States for the specific matter at issue and are consistent with such Institutional License. A user’s willful misconduct, intentional 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. Users 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. The Terms and Conditions of Use set forth the entire Agreement between the LICENSOR, LICENSEE and AUTHORIZED USERS.
    4. RIPM PUBLICATIONS shall use reasonable efforts to provide continuous availability of the RIPM, RFT and/or all RPS titles subject to periodic unavailability due to maintenance of the server(s), the installation or testing of software, the loading of journals, and downtime related to equipment or services outside the control of RIPM PUBLICATIONS, including public or private telecommunications services or Internet nodes or facilities ("Maintenance Downtime"). If RIPM PUBLICATIONS fails to provide online availability to RIPM, RFT and/or all RPS titles for more than 72 hours during any period of thirty (30) consecutive calendar days the LICENSEE, upon written request, will receive a credit of a prorated portion of its annual access fee for each (thirty) 30-day period so affected. If RIPM, RFT and/or all RPS titles are not accessible for a period of thirty (30) consecutive days the LICENSEE or the LICENSOR may terminate its agreement by providing (THIRTY) 30 days written notice to RIPM PUBLICATIONS.

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.

Terms and Conditions of Use Subject to Modification

These Terms and Conditions of Use and any modifications therein are/will be posted on the Internet at www.ripm.org/termsandconditions. You will be notified by email of any modifications and the modifications will become effective thirty (30) days after the date of notification unless RIPM PUBLICATIONS is notified of your objection to the modification(s). If an agreement is not reached between the LICENSEE and RIPM PUBLICATIONS regarding the modifications, the LICENSEE shall have the right to terminate its subscription(s) on thirty (30) days written notice.