UNIVERSITY OF TORONTO PRESS WEBSITE TERMS AND CONDITIONS
Last updated on June 27, 2016
AGREEMENT BETWEEN USER AND UNIVERSITY OF TORONTO PRESS
University of Toronto Press (“UTP” or "we" or "us" or "our") owns and operates this website (the “Website”). By accessing, browsing, subscribing to, or otherwise using the Website, you agree to comply with the terms and conditions in this agreement (the “Agreement”), as amended from time to time. If you do not agree, you may not use this Website.
You may be issued a user name and password (collectively, your “Account”) in order to access certain sections of the Website and/or order certain products (“UTP Products”) and services (“UTP Services”) available through the Website. You are responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account. You agree to: (a) immediately notify UTP of any unauthorized use of your Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. UTP will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.
Exam copies and desk copies of UTP Products may only be ordered by or on behalf of faculty members of recognized educational institutions. If you order exam copies or desk copies of UTP Products from the Website, by placing the order you agree that UTP may verify your identity and relationship with the educational institution for which you advise us that you are associated, and any program, faculty, and course for which you order exam or desk copies. UTP will not fulfill any order for exam or desk copies of UTP Products that UTP determines have been ordered by individuals who do not hold an appropriate position with a recognized educational institution. Downloadable UTP Products are protected by copyright, trademark, and other laws, and are owned or controlled by UTP or its licensors. The UTP Products are licensed to you on a non-exclusive basis for your personal, non-commercial use for research, criticism, or private study only and all other rights are reserved. You shall retain all copyright and other proprietary notices in the UTP Products in the same form and manner as on the original. Authorization to distribute paper copies of UTP Products downloaded from the database at www.utpjournals.press or www.utorontopress.com for use outside of the licensed rights can be obtained from: Access Copyright at 1 Yonge Street, Suite 800, Toronto, Ontario, M5E 1E5, Canada. Tel: 1-800- 893- 5777, or 416-868- 1620 in Toronto. Fax: 416-868- 1621.
When you order from the Website, the order is also subject to the applicable terms and conditions set out on the order page.
If you purchase any UTP Services through the Website, those UTP Services will be subject to separate services agreements that must be entered into at the time that the UTP Services are ordered. In the event of a conflict between any of those separate services agreements and these website terms and conditions, the applicable separate service agreement governs.
In addition to the downloadable UTP Products, which are subject to the terms and conditions described above, and except for public domain material, all other content and material on and/or forming part of the Website from time to time, including all text, information, links, graphics, audio, video, animation, logos, trademarks, service marks, and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Website Content”), are protected by copyright, trademark, and other laws, and are owned or controlled by UTP or its licensors. All rights not expressly granted to you in this Agreement are reserved. Except for your use as authorized in this Agreement, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer, or otherwise use the Website or Website Content, or individual sections of the Website or Website Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission. The foregoing prohibitions expressly include, but are not limited to, “screen scraping”, “database scraping”, and any other activity intended to collect, store, re-organize, summarize, or manipulate any Website Content, such as in order to obtain lists of users or other information. You agree that any copy of the Website Content, or any part thereof, which you make shall be solely for your private, non-commercial use for research, criticism, or private study or for such other use as may be authorized in writing in advance by UTP, and you shall retain all copyright and other proprietary notices in the same form and manner as on the original. UTP makes no representations about the suitability of the Website Content for any purpose. See the “DISCLAIMER” section below.
TRADEMARK / COPYRIGHTS
The trademarks, service marks, or logos displayed on the Website (collectively, the “Marks”) are registered and unregistered trademarks of ours or of our licensors. Nothing in this Agreement should be construed and granting any license to use any Marks without the express permission of UTP or the applicable trademark owner. Unauthorized use of any Marks is prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using the Website, UTP Products, and UTP Services.
Prohibited conduct includes, without limitation:
- renting, leasing, sublicensing, or transferring any rights in the Website or the Website Content
- removing any proprietary notices or labels on the Website or the Website Content
- violating, plagiarizing, or infringing on the rights of UTP or any third party, including copyright, trademark, privacy, contractual, or other personal or proprietary rights
- any unauthorized use of the Website Content (including use on any other website or networked computer environment)
- using or attempting to use any robot, spider, software, routine, tool, other automatic device, or a manual process to monitor or copy the Website, Website Content, or any part thereof, except for any Website indexing as may be permitted by the robots.txt file in the root directory of the Website hierarchy
- impersonating or misrepresenting your affiliation with any person or entity
- violating any applicable law or regulation
- engaging in any conduct which UTP, in its sole discretion, determines to be detrimental to its interests, including, without limitation, acting in a manner contrary, or failing to act in accordance with this Agreement, or intentionally interfering with the Website or UTP’s computer systems
Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws.
UTP operates and controls the Website from within the province of Ontario. The Website can be accessed from all provinces and territories of Canada as well as from other countries around the world. Each of these places may have laws that differ from those of the province of Ontario, but by accessing the Website, the user agrees that all matters relating to access to, or use of, the Website shall be governed by the laws of the province of Ontario. Access to the Website, Website Content, UTP Products, or UTP Services is not permitted where prohibited by law. The user also agrees to submit to the exclusive jurisdiction and venue of the courts of the province of Ontario and acknowledges that he or she does so voluntarily and is responsible for complying with applicable local laws.
Regardless of any statute or law to the contrary, any claim or cause of action against UTP arising out of or related to your use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions about this Agreement, please contact the Webmaster at email@example.com. UTP reserves the right to change this Agreement at any time without notice.
A. Scholarly Submissions
You may submit articles and papers (“Scholarly Submissions”) to us through certain UTP websites for peer review and potential publication by UTP or other scholarly publishers. If this Website accepts Scholarly Submissions, to make a Scholarly Submission you will be required to register for an Account and provide certain Personal Information about yourself, such as your name, address, university affiliation, biography, and contact information. You will also be required to make certain attestations in respect of your Scholarly Submission, as more particularly described on the page through which you make the submission. All Scholarly Submissions are forwarded by us to a third party editor who reviews the submission and may distribute the Scholarly Submissions for peer review. By uploading a Scholarly Submission, you grant to UTP a limited, royalty-free, irrevocable, transferable, sublicensable, non exclusive right (including any moral rights), and licence, for the length of the peer review process, to use, reproduce, publish, distribute, communicate to the public, perform, display, and otherwise use such Scholarly Submission, in whole or in part, worldwide in all manner and media (whether now known or later developed) to facilitate this peer review process. You acknowledge and agree that we may sublicense these rights to the third party editor and any persons performing peer review on the Scholarly Submission that you have uploaded. Should your Scholarly Submission be deemed acceptable for publication by UTP or another scholarly publisher as a result of this peer review process, a separate publishing agreement, which addresses the copyright in your Scholarly Submission, will be provided to you.
B. Submissions Generally
You agree not to submit, publish, transmit, display, disseminate, or otherwise communicate any libellous, defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise using the Website. Transmission of such material shall constitute a material breach of this Agreement. UTP does not and cannot review every submission posted by users and is not responsible for, nor does it endorse, such submissions. You acknowledge that any submissions may be edited, removed, modified, published, transmitted, and displayed by UTP or the administrators of the Website, in their sole discretion. Users remain solely responsible for the content of their submissions.
Except as described above in relation to Scholarly Submissions, by submitting other content to any area of the Website (“User Content”), you grant UTP and its affiliates a royalty-free, perpetual, irrevocable, transferable, sublicensable, non exclusive right (including any moral rights), and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display, and otherwise use such User Content, in whole or in part, worldwide in all manner and media (whether now known or later developed). You represent and warrant that you have, or the third party holder of the moral rights in such User Content has, completely and effectively waived all such rights and that you have the lawful right and authority to grant the licence granted herein. You also authorize any user of the Website to access, display, view, store, and reproduce such User Content for personal use.
THE WEBSITE, WEBSITE CONTENT, UTP PRODUCTS, AND UTP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, UTP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. UTP DOES NOT WARRANT THAT THE WEBSITE OR ANY WEBSITE CONTENT, UTP PRODUCTS, OR UTP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UTP DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE, OR OTHER INFORMATION PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL UTP BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE OR ANY PRODUCT OR SERVICE.
Although UTP makes reasonable efforts to include accurate and current information, prices and availability are subject to change without notice. UTP reserves the right to limit quantities. For materials ordered by Canadian residents, all prices are in Canadian dollars and for materials ordered by United States residents, all prices are in US dollars.
Shipping costs may vary from printed rates depending on weight, product type, and destination. UTP may require valid student, staff, or faculty identification for the sale of some computer software, hardware, or licensed products.
Care has been taken to trace the ownership of all copyright material on the Website, but we have been unable to trace all authors. If your article appears here without your permission, please let us know and we will remove it from the Website immediately.
Any non-human visitors to the Website shall be considered agents of the individual(s) who control or author them. These individuals shall ultimately be responsible for the behaviour of their non-human visitor agents and are liable for breaches of this Agreement.
UTP shall have no responsibility or liability to you in connection with third party websites accessible by links posted on the Website (“Linked Sites”). Access to Linked Sites is at your own risk and UTP is not responsible for the availability, accuracy, or reliability of the contents of any Linked Site or any link posted on a Linked Site. UTP provides links to you only as a convenience, and the inclusion of a link does not imply endorsement of the Linked Site or any products, services, materials, or statements contained or referred to thereon by UTP.
LIMITATION OF LIABILITY
You agree that UTP and its affiliates, colleges, schools, governors, directors, officers, employees, representatives, licensors, and licensees (collectively, the “Releasees”) shall not be liable to you for any damages of any kind arising from your use of the Website, any UTP Products or UTP Services, or any Linked Sites or your reliance on any Website Content. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including, but not limited to, direct, indirect, special, incidental, consequential, or punitive damages. In no event shall UTP’s total liability to you for all damages, losses, and causes of action, whether in contract, tort (including but not limited to negligence) or otherwise, exceed any amounts paid by you to UTP to access the Website in the month immediately preceding the event giving rise to such liability.
You agree to indemnify the Releasees from any damages, losses, costs, and expenses (including reasonable legal fees) incurred in connection with any third party claim or demand alleging or based upon your breach of this Agreement or your violation of any law or the rights of such third party. UTP shall control the defence of any matter subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by UTP.
UTP may, in its sole discretion, terminate or suspend your access to all or part of the Website, the Website Content and/or any UTP Products or UTP Services, or refuse service or cancel orders for any reason, including, without limitation, your breach of the Agreement or transmission of any unsolicited advertising materials.
We welcome any feedback, comments, and suggestions you may have to improve our Website, UTP Products, or UTP Services (“Feedback”). You can submit Feedback to us at the email address listed in the “Contact Us” section below. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose without restriction or compensation to you.
If any provision of this Agreement shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and UTP in connection with your use of the Website. Your use of the Website is not intended and shall not be deemed to create any agency, joint venture, or other legal relationship of any kind between you and UTP other than that of independent contractors.
UPDATES AND AMENDMENTS
UTP reserves the right to change, modify, or amend this Agreement, or add or remove portions of the Website and any UTP Products and UTP Services, at any time, and your continued use of the Website, UTP Products, and UTP Services means that you agree to be bound by such changes, modifications, additions, or deletions. The current version of this Agreement will be posted on the Website at all times. Please check back frequently to see any updates or changes to this Agreement.
OUR COMMUNICATION WITH YOU
Subject to providing your express consent evidenced by checking the box and opting in when you register or update your Account, you consent to receiving promotional messages, newsletters, and communications from us. If you choose not to opt in (e.g., by not checking the box or otherwise providing express consent), the remainder of this Agreement will continue to apply to your use of the Website.
If you have any questions about this Agreement, please contact the Webmaster at firstname.lastname@example.org.