CCC Terms and Conditions

Any license created is subject to Copyright Clearance Center's terms and conditions (referenced below) as well as any terms and conditions established by the publisher on whose website you found the material you licensed.  Use of any materials constitutes acceptance of all such terms and conditions. Publisher terms and conditions can be located during the order process and after, using the link available in the order confirmation e-mail sent to your attention.

 


 

COPYRIGHT CLEARANCE CENTER

TERMS AND CONDITIONS

 

THIS DIGITAL LICENSING AND REPRINT SERVICE IS ADMINISTERED BY COPYRIGHT CLEARANCE CENTER, INC. ("CCC" or "Us").  

 

General Payment Terms: You may pay by credit card or through an account with us payable at the end of the month.  If you and we agree that you may establish a standing account with CCC, then the following terms apply:  

 

Remit Payment to: Copyright Clearance Center, Dept 001, P.O. Box 843006, Boston, MA 02284-3006

 

Payments Due:  Invoices are payable upon their delivery to you (or upon our notice to you that they are available to you for downloading).  After 30 days, outstanding amounts will be subject to a service charge of 1-1/2% per month or, if less, the maximum rate allowed by applicable law.  

 

Please note that, while you may exercise the rights licensed immediately, the license will be automatically void (as if it never existed) in the event that we do not receive payment for the license on a timely basis.  Also please note that you are responsible for any transactions that use your user name and password; please protect the secrecy of those pieces of information.  

 

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL TRANSACTIONS THAT YOU ENTER INTO THROUGH THIS DIGITAL LICENSING AND REPRINT SERVICE, REGARDLESS OF THE WEBSITE FROM WHICH YOU ENTER IT.   BECAUSE YOU ARE IN THE PROCESS OF OPENING A NEW ACCOUNT WITH US, YOU MUST INDICATE YOUR CONSENT TO THESE TERMS AND CONDITIONS AT THIS TIME.  IN THE FUTURE, YOU MAY ALSO SEE THESE TERMS AND CONDITIONS AT ANY TIME OR IN CONNECTION WITH ANY TRANSACTION AT <myaccount.copyright.com>.  

 

ANY LICENSE CREATED IS SUBJECT TO THE TERMS AND CONDITIONS THAT FOLLOW AS WELL AS ANY TERMS AND CONDITIONS ESTABLISHED BY THE RIGHTSHOLDER ON WHOSE WEBSITE YOU FIND THE MATERIAL YOU SEEK TO LICENSE, AND USE OF ANY MATERIALS CONSTITUTES ACCEPTANCE OF ALL SUCH TERMS AND CONDITIONS.    

 

Terms and Conditions That Apply to All Transactions:  

 

1. This digital licensing and reprint service enables you, the "User", to obtain licenses to make certain uses of the online content of many copyright holders (each a "Rightsholder").  Licenses granted through this service are granted by the Rightsholder in the content for which you are seeking a license and from whose Website (containing the content) you reached this service.  This service is administered by Copyright Clearance Center, Inc. ("CCC") and your use of the content is governed by these terms and conditions, BUT your use will ALSO be governed by the terms and conditions which are set individually by the Rightsholder whose material you seek to use; the Rightsholder's terms and conditions will be made available to you in the course of the licensing process for each transaction.  You, as User, will be deemed to have accepted and agreed to all of those terms and conditions, as well as these terms and conditions, if you use the Rightsholder's copyrighted material in any fashion.  CCC reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to this service.  

 

2. User hereby acknowledges and agrees that User is responsible for any transaction entered into through this digital licensing and reprint service and identified with User's user name and password (if on account) or User's credit card information (if by credit card).  It is User's responsibility to maintain the secrecy of such information, to notify CCC immediately upon learning of any transaction entered into through this service that was done so without User's authorization, and to use the appropriate automated services within this digital licensing and reprint service to alter passwords and standing payment information whenever necessary to preserve secrecy.  User represents and warrants that User is at least 18 years old if User is a person (as opposed to a company or other organization); that in any event User is legally capable in User's place of residence or business of entering into the agreement created by these terms and conditions and Rightsholder's terms and conditions; and that the individual opening an account or seeking transactions under this digital licensing and reprint service on behalf of any User that is a business, corporate entity or other organization is duly authorized by User to do so.  

 

3. Use of User-related information collected by this licensing service is governed by CCC's privacy policy.  CCC's privacy policy is accessible through CCC's website <www.copyright.com> and from numerous locations throughout the webpages comprising this licensing service.  

 

4. As among User, CCC and the Rightsholder, all materials available for licensing, as well as all rights therein, including copyright rights, remain the sole and exclusive property of the Rightsholder.  All trademarks not belonging to the Rightsholder, as well as all software and other elements that you encounter in the course of using this digital licensing and reprint service, as well as all intellectual property rights therein, remain the sole and exclusive property of CCC and are not licensed to User in any way.  While User may exercise the rights licensed immediately upon issuance of the license at the end of the licensing process for the transaction, the license is automatically revoked, and is null and void as if it had never been issued, if complete payment for the license is not received on a timely basis either from User directly or through a payment agent, such as a credit card company.  All rights not expressly granted are reserved; any license granted may be further limited (on a Work-by-Work basis) as set forth in any restrictions included in the Rightsholder's terms and conditions applicable to the transaction (which will be provided at the end of the licensing process, at User's option, on paper or electronically).  

 

5. User hereby indemnifies and agrees to defend CCC and its employees, agents, representatives, officers and directors, against all claims, liability, damages, costs and expenses, including legal fees and expenses, arising out of any use of licensed material beyond the scope of the rights granted, or any use of any licensed material which has been altered in any way by User, including claims for defamation or infringement of or damage to rights of copyright, publicity, privacy or other tangible or intangible property.  

 

6. LIMITATION OF LIABILITY OF CCC.  UNDER NO CIRCUMSTANCES WILL CCC BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR INFORMATION, OR FOR BUSINESS INTERRUPTION) ARISING OUT OF (i) THE USE OR INABILITY TO USE ANY LICENSED MATERIAL OR (ii) THE INABILITY TO OBTAIN ADDITIONAL RIGHTS TO LICENSED MATERIALS, EVEN IF CCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  In any event, the total liability of CCC (including its employees, agents, representatives, officers and directors) shall not exceed the total amount actually paid by User for the applicable license.  User assumes full liability for the actions and omissions of its principals, employees, agents, affiliates, successors and assigns.  

 

7. NO WARRANTIES FROM CCC.  CCC DISCLAIMS ALL WARRANTIES RELATING TO THE COPYRIGHTED MATERIALS OF RIGHTSHOLDER, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN ADDITION, THIS LICENSING SERVICE AND ALL SOFTWARE USED IN CONNECTION THEREWITH ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USER HEREBY ACKNOWLEDGES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK.  

 

8. (a) The term "License Grant" is used in these terms and conditions to describe (i) the entire set of details (including User's name as licensee, the nature of the use for which User seeks a license, and the price of the license), as well as (ii) the Rightsholder's terms and conditions applicable to that licensing transaction and governing the particular use User may make of that copyrighted material, and (iii) CCC's general terms and conditions relating to billing and payment that are applicable to ALL transactions.  All elements of the License Grant are printed out or referred to in the license document that is delivered to User at the conclusion of each transaction under this digital licensing and reprint service, and are generally available within the service's Website at any time.  

(b) Any failure by User to pay any amount when due, or any use by User of any licensed material beyond the scope of the License Grant, shall be a material breach of the License Grant.  Any breach not cured within ten (10) days of notice thereof shall result in immediate termination of such license without further notice.  Invoices are due and payable upon their delivery to User (or upon CCC's notice to User that they are available to User for downloading from the Internet); amounts overdue will be subject to a service charge of 1-1/2% per month or, if less, the maximum interest rate allowed by applicable law in User's place of business, such service charge to begin running 30 days after delivery of, or notice of availability of, invoice.  

 

9. CCC hereby objects to any terms contained in any writing prepared by User or its principals, employees, agents or affiliates and purporting to govern or otherwise relate to any licensing transaction, which terms are in any way inconsistent with any of these terms or the Rightsholder's standard terms or with any standard operating procedures of Rightsholder or CCC, whether such writing is prepared prior to, simultaneously with or subsequent to the License Grant, and whether such writing appears on any paper or electronic version of the License Grant or in a separate paper or electronic instrument, unless such writing is countersigned by CCC.  

 

10. User may terminate its account at any time by sending e-mail to: customercare@copyright.com.  Upon termination, User will receive a confirmation via e-mail that the request was received, and access to the licensing service from User's account will be suspended within one business day.  User is responsible for all charges incurred up to the time the account is deactivated.  

 

11. Unless the Rightsholder's own terms and conditions for the License Grant designate different terms for governing law, venue and jurisdiction and those terms and conditions are determined by a competent court to apply to a particular dispute, (a) the License Grant shall be governed by and construed under the law of the State of New York, USA, without regard to the principles thereof of conflicts of law, (b) any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to the License Grant shall be brought, at CCC's sole discretion, in any federal or state court located in the County of New York, State of New York, USA, or in any U.S. federal or state court whose geographical jurisdiction covers the principal place of business of the Rightsholder, and (c) the parties expressly submit to the personal jurisdiction and venue of each such U.S. federal or state court.  

 

12. User acknowledges and agrees that CCC may alter these terms and conditions in any fashion and at any time, effective immediately, provided that CCC posts notice of any material alteration hereof to the location at which User's monthly invoice is made available by CCC on the Internet and any such material alteration will be effective on the date set forth in the notice (and which effective date will be at least 30 days following CCC's first posting thereof).  User also acknowledges and agrees that CCC may, on notice to User at the time of invoicing or at the time of any re-invoicing of a past-due amount, assign accounts and/or amounts due either to the applicable Rightsholder or to a financial institution; and that CCC may at any time assign all its rights, duties and responsibilities hereunder or under any License Grant to any other person who shall take responsibility for this licensing facility.  Finally, User acknowledges and agrees that CCC may, in its sole discretion, terminate or suspend User's access to all or part of the licensing service for any reason, including without limitation breach of this Agreement or persistent failure to pay license fees on a timely basis.