DPLA Terms of Service
The Digital Public Library of America is a project managed by Digital Public Library of America, Inc. (“DPLA”). Our mission is to make cultural and scientific works more accessible to the public. Through the dp.la website (the “Website”), as well as any other applications, functionality, or services delivered to you by DPLA (collectively with the Website, the “Services”), users can search for works held by libraries, museums, archives, and other content aggregators across the country (“Content Partners”). DPLA does this by maintaining a large searchable database of metadata provided to DPLA by its Content Partners (the “Metadata”). In addition, DPLA has collaborated with some of its Content Partners to deliver curated content to users of the Services (the “Exhibitions”). The goal of the Exhibitions is to pull together thematically driven text and images in order to provide enriching material to our visitors. We hope you enjoy your visit with DPLA and the use of our Services, and look forward to unveiling more features as we continue to grow. Before you use the Services, please read the following terms and conditions (the “Terms of Service”), which govern your use of the Services.
Terms of Service
These Terms of Service constitute an agreement between you and DPLA. By using or accessing any portion of the Services you agree to be bound by these Terms of Service, so please read these terms carefully before using or accessing Services. If you do not agree to and accept these Terms of Service, please do not register for an account or use the Services in any manner. All individuals who access or otherwise use the Services, including casual visitors to the Website, are referred to in these Terms of Service as “Users.”
2. Account Creation
3. Obligations and Restrictions on Use
Your use of the Services is subject to the following restrictions and obligations:
- You may not sell, rent, or otherwise offer the Services to others, without DPLA’s prior written consent.
- You may not use the Services in any way that is unlawful, fraudulent, defamatory, obscene, or otherwise harmful, including, but not limited to, displaying content in a manner that violates any applicable laws, statutes, or regulations, infringes or violates any other person or entity’s rights, or that DPLA, in its sole discretion, finds to be obscene or defamatory.
- You agree to comply with all applicable laws, including, but not limited to, any privacy laws, as well as DPLA’s policies when you use the Services.
- You may not use the Services in any way that interferes with the operation of the Services or impacts or harasses any other User, host, or network, or circumvents any of the Services’ security protections.
4. User Content
4.1. Contributing Content
Some portions of the Services allow you to upload and post content (such as text, audio, video, questions, and commentary) to the Services (collectively, “User Content”). You represent and warrant that you have all rights necessary to upload the User Content, to the Website and to grant the rights granted by you to DPLA and other Users pursuant to these Terms of Service.
4.2. License to User Content
- By uploading or posting your User Content to the Services, you grant DPLA a perpetual, irrevocable, world-wide, non-exclusive, fully paid-up, royalty-free, sublicenseable, and transferable license to use, reproduce, reformat, distribute, prepare derivative works of, display, and perform your User Content in connection with the Services.
- By uploading or posting your User Content to the Services, you also agree to allow DPLA to license your User Content under the Creative Commons Attribution 3.0 Unported License, the terms of which are available at http://creativecommons.org/licenses/by/3.0/legalcode (otherwise known as the “CC BY 3.0 License”), to allow others to freely re-use and adapt your User Content with proper attribution.
5. License to Content Delivered through the Services
5.1. Content Generally
Except for the Metadata, any images, video and audio delivered through the Exhibitions (the “Visual Assets”), as well as DPLA’s trademarks, logos, trade dress, look and feel, and other identifying characteristics of the Services (collectively, the “DPLA Marks”), all content delivered through the Services is made available and licensed by the DPLA under the CC BY 3.0 License.
All Metadata has been dedicated to the public pursuant to Creative Commons’ CC0 public domain dedication, and is available for download through DPLA’s Metadata API. Please read DPLA’s Metadata Policy for more information regarding the Metadata.
5.3. Visual Assets
The Visual Assets displayed as part of any Exhibitions are subject to the rights granted within the metadata associated with each Visual Asset, if any. If you would like more information how to license these Visual Assets, please contact the relevant rights-holder. Please refrain from scraping or copying any of the Visual Assets from the Services. If you do, you do so at your own risk, and are fully liable for any damages that may arise out of this behavior.
6. Third-Party Services and Content
Certain functions of the Services may link you to or provide you access to functions, content, sites, or services operated by third parties, such as libraries, museums, archives, Facebook, Twitter, and Google (collectively, “Third-Party Services”). Those Third-Party Services are subject to the terms and conditions and privacy policies of the third parties that provide them, and DPLA is not responsible for the privacy practices, content, or functionality of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies, or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit, or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of the Third-Party Services.
7. Intellectual Property
7.1. Intellectual Property Rights
Except for any User Content and the Metadata, DPLA and its licensors own and retains all right, title, and interest in and to the Services, including, but not limited to, the design and architecture of the Services, the DPLA Marks, as well as any software, or content provided through DPLA, including any intellectual property or other proprietary rights contained therein (collectively, “DPLA IP”). You must seek permission from DPLA if you desire to use the Services in a way that is not outlined in these Terms of Service. Except for any rights explicitly granted in writing by DPLA under these Terms of Service or otherwise, you are not granted any rights in and to any DPLA IP.
7.2. Digital Millennium Copyright Act Policy
DPLA respects the intellectual property rights of others and asks that Users do the same. If you are a rights-holder and believe that your rights have been violated in connection with User Content that is made available through the Services, in accordance with the Digital Millennium Copyright Act (“DMCA”, see 17 U.S.C. § 512(c)(3) for more information) please send an email or written notice to DPLA’s designated agent for infringement claims with the following information:
- An electronic or physical signature of a person authorized to act on behalf of the rights-holder.
- A description of the work that you claim has been infringed.
- A URL indicating where the claimed infringing material is located on the Services.
- Your address, telephone number, and email address.
- A statement by you declaring a good-faith belief that the content use is not authorized by the rights-holder or its agent and is prohibited by law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or an agent authorized to act on the copyright owner’s behalf.
DPLA’s designated agent for notice for claims of infringement can be reached as follows:
- By mail: Dan Cohen, 189 Main St., Andover, MA 01810
- By phone: 857-600-2318
- By email: email@example.com. This email is for DMCA notices only. For all other inquiries, please contact the DPLA at http://dp.la/info/contact.
If you receive notification that your User Content has been removed from the Services, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email or written notice to DPLA’s designated agent with the following information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in Suffolk County, Massachusetts, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action.
8. Content Removal and Account Termination
You are entirely responsible for all activities that occur on or through your account. DPLA retains the right (but not the obligation) to limit, suspend, terminate, modify, or delete your account; to limit your access to the Services or portions thereof; to remove links in your User Content to other content on the Services; and to delete your User Content at DPLA’s discretion, with or without notice to you. DPLA is under no obligation to provide compensation for any losses or results, which may occur due to your failure to comply with the these Terms of Service or those of a third party, for repeated violations of third-party rights, for actual or suspected illegal or improper use of the Services, for offensive User Content or conduct, or for technical reasons.
9. Warranty Disclaimer
DPLA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS,” AND YOU USE THEM AT YOUR SOLE RISK. YOU ASSUME ALL RESPONSIBILITY TO PROTECT YOUR COMPUTER SYSTEMS OR ANY OTHER DEVICES YOU USE TO ACCESS THE SERVICES FROM DAMAGE CAUSED BY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED FROM DPLA’S SERVERS. DPLA ASSUMES NO LIABILITY FOR THE ACCURACY, SUITABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION THAT MAY BE ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY DPLA OR ITS PARTNERS. DPLA DOES NOT GUARANTEE THAT THE SERVICES WILL BE AVAILABLE AT A GIVEN TIME. DPLA IS NOT RESPONSIBLE FOR ANY OFFENSIVE OR ILLEGAL CONTENT INCLUDED IN PICTURES, PHOTOGRAPHS, OR OTHER KINDS OF MEDIA INCORPORATED INTO USER CONTENT BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THE VIEWPOINTS EXPRESSED IN USER CONTENT OR ON THIRD-PARTY SERVICES REPRESENT THE OPINIONS OF THOSE USERS AND THIRD-PARTY SERVICE PROVIDERS, AND ARE NOT ENDORSED BY DPLA IN ANY WAY.
10. Limitations of Liability
IN NO EVENT IS DPLA, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF GOODWILL, INABILITY TO USE OR ACCESS THE SERVICES, THIRD-PARTY CONDUCT ON THE SERVICES, OR ANY OTHER ACTIONS ASSOCIATED WITH THE USE OF THE SERVICES.
You agree at your own expense to indemnify, defend, save, and hold harmless DPLA, and its employees, affiliates, officers, directors, contributors, and other representatives from and against any and all judgments, losses, damages, liabilities, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and legal expenses) arising from or related to your use of the Services, or your violation of these Terms of Service.
12. General Terms
12.1. Updates and Changes to These Terms of Service
12.2. Entire Agreement
These Terms of Service constitute the entire agreement between the parties, and supersede all previous agreements relating to the use of the Services.
12.3. Applicable Law and Forum
These Terms of Service and any referenced policies or guidelines are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of law. If you bring a suit against DPLA, you hereby consent to the exclusive jurisdiction of state and federal courts in Suffolk County, Massachusetts, and hereby consent to the personal jurisdiction of said courts.
12.4. Location of Services
The Services are controlled and offered by DPLA from its facilities in the United States. DPLA makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for complying with local law.
If any provision of these Terms of Service is deemed to be unenforceable for any reason by any court, the invalidity of this provision does not affect the validity of any other provisions in these Terms of Service, which remain in full effect.
12.6. Language of the Terms of Service
12.7. Site Source Code
DPLA makes some of its source code related to the Services available under the GNU Affero General Public License. You can obtain the source code that DPLA makes available as open source software at https://github.com/dpla.
12.8. No Waiver
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and DPLA’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If you have questions about these Terms of Service, please contact DPLA at http://dp.la/info/contact.
Last modified on April 15, 2013.