Terms of Use

This is an agreement between You and iCopyright. If You are acting on behalf of an organization, You confirm that You have the authority to bind the organization and that the organization will be bound by these terms, and the term “You” shall then refer to You and your organization. By using iCopyright’s Content Services, You are agreeing to comply with and be bound by the following terms of use, which iCopyright may change from time to time. You also represent that you are at least eighteen (18) years of age.

Services Covered

iCopyright’s Content Services include the following:

  1. The Instant Licensing Service — facilitates free-use permissions and fee-based licenses of publisher-owned content. Licenses may be purchased by credit card, PayPal or by invoicing the user’s organization, as set up by the organization’s iCopyright Account Administrator(s). This service also includes forwarding custom reprint, eprint and other licensing requests to the appropriate agent.
  2. The Corporate Services Console — enables legal entities to set up an account and designate Corporate Account Administrators, so that employees can charge licenses to the organization.
  3. The Clip&Copy Service and Content Services Console — provides news alerts and press clippings on topics defined by users. The Clip&Copy Services includes a Content Services Console with a Reading Room of saved articles and a record of all copyright licenses purchased by users and corporate account employees.
  4. iCopyright Websites and Educational Material — public web pages that contain information about iCopyright, copyright, and links to third-party resources.

This Terms of Use Agreement covers all iCopyright Content Services. iCopyright reserves the right to change or modify any of these terms and conditions, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions. Your continued use of this Service following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these terms and conditions. If you do not agree to the amended terms, you must stop using the Services. iCopyright, Inc. is a Washington corporation whose principal place of business is 4742 42nd Avenue SW, No. 615, Seattle, WA 98116 USA (“iCopyright”).

Your Responsibilities

Your registration for these content services authorizes iCopyright to charge Your account for all copyright licenses that You and Your organization’s employee’s purchase, and/or for the Clip&Copy service, and You agree to pay the associated charges (if any). Such charges will be displayed for You or Your employee’s approval before the order is processed and before any charges are incurred on Your part.

If You are paying for licenses using the “Corporate Account” Corporate Service, You or Your organization hereby agrees to pay the associated charges within thirty (30) days of invoicing. All licenses purchased by You or Your Company will initially be designated as “Valid Payment Pending” until the invoices for such licenses are paid by You or Your Company. You and Your Company may immediately use the content as stipulated by the publisher’s terms of use, with the promise of payment. If You or Your Company does not pay the invoice for such licenses within thirty (30) days of invoice, the licenses will become null and void, but You or Your Company will still be obligated to pay for charges incurred.

You agree to read and abide by the terms of any permission or license agreement applicable to content licensed to You through the use of the Service, including free uses. Such agreements will be displayed for Your approval before Your licensing request or order is processed and before any charges are incurred on Your part.

The content You are asking permission to use is protected by Copyright law and other intellectual property rights. In order to be granted permission to use this copyrighted material, You must submit accurate, current, and true information about You, Your Organization (if purchasing on behalf of Your organization), and Your intended use of the material. If Your information changes, You agree to update Your iCopyright registration information promptly, and whenever You return to the service to conduct additional copyright licensing requests or transactions.

iCopyright’s Responsibilities

iCopyright takes precautions to protect the integrity of Your information and to avoid loss, theft, misuse or alteration. iCopyright uses industry-standard, commercially available technology, such as firewalls and SSL (Secure Socket Layer) Encryption, to protect Your registration and online transaction information.

Compliance with Publisher Agreements; Indemnification

You are solely responsible for complying with the terms and conditions of any license, permission or other authority granted to You by any Rights Holder, Publisher, or Agent (collectively, “Publisher”) using the iCopyright system, including, but not limited to, free use permissions facilitated by iCopyright, such as “Free Print,” “Free Email,” “Free Save,” and “Free Reproduction for Non-Commercial Purposes.” You are also responsible for ensuring that Your use of copyrighted materials complies with applicable laws, including but not limited to copyright law. iCopyright’s service is as a clearance service–it does not grant licenses or permission to the content of Publishers using the iCopyright system. All licenses and permissions are granted solely by the Publishers, and the iCopyright service will provide you with a copy of the Publisher’s license terms. iCopyright does not license content. Accordingly, You agree to hold iCopyright harmless and to defend and indemnify iCopyright against all claims arising out of any misuses or unauthorized use by You, Your Employees or organization, of any copyrighted materials, or arising out of any breach by You, Your Employees or organization, of any license or permission granted by a Publisher.

Use of Clip&Copy

If You register to receive Clip&Copy advisories of headlines and article abstracts that match your defined topics, you agree not to redistribute or republish the headlines, abstracts, or full text articles in any other form other than that provided by iCopyright, or as expressly permitted by the owners of the content. The printing, copying, emailing, or republication or redistribution in any form, of the full-text articles available through the Clip&Copy service, is strictly prohibited. Licenses and permissions to use articles delivered through Clip&Copy are available via the iCopyright links that accompany each article.

Copyright, Patent

Contents of the iCopyright website are © 1999-2012 by iCopyright, Inc. All rights reserved. Copyright is also claimed in the compilation of materials and information on this web site, including the design, graphics, underlying HTML, text, and organization of any database(s). You should assume that everything You see or read on this Site or during use of the service is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or with written permission of iCopyright and/or Publishers.

Patents Pending in the U.S. and elsewhere.

Trademarks, Service Marks, and Logos

The following are trademarks or service marks of iCopyright, Inc.:

  • iCopyright™
  • iCopyright © Design logo®
  • Clip&Copy®
  • Empowering creative works™
  • iCopyright Corporate Services Console™

All other brand names, product names, etc., are trademarks or registered trademarks of their respective owners.

Communications

By registering with iCopyright to license content, receive Clip&Copy, or to submit an inquiry to iCopyright or an iCopyright-enabled publisher, You authorize iCopyright to send you the following types of information:

  • Payments and licensing transactions receipts on licenses and permissions You obtain through the iCopyright system.
  • Change of status regarding any license You obtained through iCopyright, such as license revocation or expiration.
  • Clip&Copy advisories, if You opt-in to receive Clip&Copy.
  • iCopyright service news and promotional news, such as information about new publishers, new content, new services, or changes which may affect your account.

Links to Third-Party Sites

iCopyright may provide educational materials supplied by third-parties and links to third-party Web sites. The materials and linked sites are not under the control of iCopyright and iCopyright is not responsible for the content of any material or linked site or any link contained in a linked site. iCopyright reserves the right to terminate any link or linking program at any time. iCopyright does not endorse companies or products to which it links. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk.

Disclaimer

EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE ICOPYRIGHT CONTENT SERVICES ARE AND SHALL BE PROVIDED STRICTLY ON AN “AS IS” BASIS AND ICOPYRIGHT HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY: (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; OR (IV) WARRANTY OF TITLE OR NONINFRINGEMENT. NOR DOES iCOPYRIGHT MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, ACCESSIBILITY, OR RELIABILITY OF SERVICES, SITE CONTENT OR RELATED STORAGE OR TRANSMISSION FACILITIES. iCOPYRIGHT DOES NOT WARRANT THAT SERVICES WILL BE WITHOUT ERRORS, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. USE OF THE SITE AND iCOPYRIGHT GOODS AND SERVICES IS ENTIRELY AT YOUR OWN RISK.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

iCopyright does not warrant the accuracy or completeness of publisher content or information, text, graphics, links or other items generated or served by the service or contained within this web site. iCopyright may make changes to these materials, or to the services described therein, at any time without notice. iCopyright makes no commitment to update the materials.

iCopyright is not liable for infringing material posted on this site by users or other third parties. If You believe that material posted to this site may infringe a copyright or other right, please notify our Agent for Notification of Infringement Claims.

Digital Millennium Copyright Act

iCopyright responds to notices of alleged copyright infringement. This section describes the procedures related to allegations of infringement. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov).

iCopyright’s response to these notices may include removing or disabling access to allegedly infringing Materials and/or terminating access. If we remove Materials or terminate access in response to such a notice, we will make a good-faith attempt to contact the party that uploaded such Materials so that they may make a counter notification.

Infringement Notification

To file a notice of infringement with us, please provide a written communication by email or standard mail that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent an infringement of your copyrights.

To expedite iCopyright’s ability to process your request, please use the following format (including section numbers):

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed (for example, “The copyrighted work at issue is the text that appears at http://www.example.com/article_12345.html”) or other information sufficient to specify the copyrighted work being infringed (for example, “The copyrighted work at issue is the article entitled My Summer at Campby Dawn Early, published by _________, ISBN #___________”).
  2. Identify with specificity the Material that you claim infringes the copyrighted work, including the relevant, including the URL, such as “http://www.example.com/article_12345.com”
  3. Provide your contact information (email address is preferred).
  4. Provide contact information, if possible, for the owner/administrator of the allegedly infringing Materials (email address is preferred).
  5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
  6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Sign the notice.

Send the written communication as an attachment to an email addressed to dmca-notice@icopyright.com or by standard mail to the following address:

iCopyright Inc.

DMCA Complaints

4742 42nd Avenue SW, Suite 615

Seattle, WA 98116

Counter Notification

The law permits the publisher of the allegedly infringing Materials or a site administrator of an affected site to make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When iCopyright receives a counter notification, we may reinstate the complained-of Materials.

To file a counter notification, please provide a written communication standard mail or email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that Materials are not infringing the copyrights of others. A sample counter notification may be found atwww.chillingeffects.org/dmca/counter512.pdf.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

  1. Identify the specific URLs or other unique identifying information of Materials that iCopyright has removed, to which iCopyright has disabled access or to which iCopyright referred in a communication with you.
  2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or King County, WA if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”

Sign the notice.

Send the written communication as an attachment to an email addressed to dmca-notice@icopyright.com or by standard mail to the following address:

iCopyright Inc.

DMCA Complaints

4742 42nd Avenue SW, Suite 615

Seattle, WA 98116

All notices must comply with the requirements of the United States Copyright Act.

Limitation of Liability

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) WILL iCOPYRIGHT OR ITS OWNERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS INDEMNIFY OR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT OR INDIRECT DAMAGES THAT RESULT FROM THE USE, OR THE INABILITY TO USE, iCOPYRIGHT’S CONTENT SERVICES, INCLUDING, BUT NOT LIMITED TO LIBEL, DEFAMATION, VIOLATION OF PRIVACY OR PUBLICITY RIGHTS, PERSONAL INJURY, THIRD PARTY FRAUD, MISREPRESENTATION, ILLNESS, DEATH, FINES, LOST PROFITS, LOST OPPORTUNITY, LOST USE, LOST DATA, OR THOSE DAMAGES THAT OCCUR AS A RESULT OF ERRORS, DEFECTS, DELETION OF FILES, INTERRUPTIONS, OMISSIONS, MISTAKES, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE (WHETHER OR NOT ACTS OF GOD), COMMUNICATION FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO iCOPYRIGHT’S PROGRAMS, RECORDS OR SERVICES, WHETHER BASED ON TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY OR OTHERWISE EVEN IF iCOPYRIGHT OR AN iCOPYRIGHT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF iCOPYRIGHT SERVICES OR THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN AGREED REMEDY. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THESE LIMITATIONS TO BE UNENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE FEES PAID FOR THE TRANSACTION THAT RESULTED IN THE ALLEGED DAMAGE.

Entire Agreement

This agreement represents the entire and the only agreement between You and iCopyright, Inc. All agreements and licenses for the use of copyrighted materials are entered into between You and the publisher, and iCopyright shall have no obligations or liabilities arising under such agreements and licenses.

Term and Termination

This agreement shall be in effect from the first time You use the iCopyright web site, or the iCopyright Content Services, including Clip&Copy. Either party may terminate this agreement at any time, with or without cause, by giving written notice of such termination. Notice to the user may be given by electronic mail to the address contained within user’s registration information. Notice to iCopyright may be given by electronic mail to support@icopyright.com.

Following the termination of this Agreement for any reason, the following provisions will remain in effect and continue to bind You and iCopyright: Compliance with Publisher Agreements; Use of Clip&Copy; Indemnification; Disclaimer; Limitation of Liability; Governing Law, Venue.

Governing Law; Venue

This Agreement shall be treated as though it were executed and performed in Seattle, Washington, and shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All disputes arising out of or in connection with this Agreement shall be resolved by binding arbitration in Seattle, Washington under the rules of the American Arbitration Association. User expressly submits to the jurisdiction of said courts, and User consents to extra-territorial service of process.

iCopyright makes no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

iCopyright Customer Support: support@icopyright.com

© 1999-2012 iCopyright, Inc. All rights reserved.