Agreement Between User and ProQuest LLC

This Web site is offered to the USER conditioned on acceptance by the USER without modification of this Agreement. It is accessible through the use of a USER ID assigned and controlled by the administrator of OASIS® services.  USER can change the password after an initial password is assigned by ProQuest.  The OASIS site contains pricing, ordering, shipping, and other account information that is confidential about your library.

 

Your library acknowledges and agrees that it is responsible for protecting and safeguarding USER IDs and passwords, and you agree to maintain confidentiality of that information. ProQuest is not responsible for any liability arising from any unauthorized use of this service. Your password and acceptance of these Terms and Conditions provides your USERS with authorization to enter only your library’s account.

 

This Web site is controlled and operated by ProQuest. ProQuest makes no representation that materials in the Web site or the products are appropriate or available for use in all locations. Access to them from countries or territories where content is illegal is prohibited. Those who access the OASIS site are responsible for compliance with all applicable laws. By accessing and using this Web site, the USER is deemed to have agreed to all such terms, conditions, and notices (the “AGREEMENT”).

 

Use of the OASIS Web Site

 

USER represents and warrants that he or she possesses the legal right and ability to enter into this AGREEMENT and to use this Web site in accordance with all terms and conditions. USER agrees not to assign, transfer, or sublicense USER’S rights under this AGREEMENT. The purpose of this Web site is solely to permit USER to transact business with ProQuest.

 

This Web site is for the USER’S library use. USER may not modify, publish, license, transfer, or sell any information, software, or services obtained from this Web site. USER may copy, distribute, transmit, display, and reproduce information from this Web site for internal library purposes.  Additionally, USER may copy, distribute, transmit, display, and reproduce information from this Web site in parts at a time only to promote the library and the availability of services and information.

 

USER may not use the information in this Web site or this Web site to provide access to data elements on a server accessible via the web so that another library may link to and display such data elements as a part of that receiving library’s existing database.  As use of the Web site is a service and at no charge, the other library may apply directly for access to ProQuest.

 

Copyright and Trademark Notices and Reviews

 

All contents of this Web site are: Copyright © 2015 ProQuest LLC.  OASIS® is a registered trademark in the U.S. and other countries.  All rights reserved.

 

Some of the reviews posted on OASIS are sourced from Publishers Weekly and Library Journal, and are copyrighted, owned, and published by Reed Business Information, a division of Reed Elsevier, Inc.  “Reed”). Limited use is allowed with proper attribution internally.

 

Choice Reviews are copyrighted, owned and published by the American Library Association.  CHOICE REVIEWS MAY ONLY BE COPIED ONE TIME FOR PERSONAL USE.  Choice Reviews are reprinted with permission of the American Library Association.

 

No use of the reviews can be made other than as set forth in this TERMS AND AGREEMENT or without the express written consent of the owner of the copyrighted material.

 

Liability Disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION. IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE MAY BE MADE AT ANY TIME. PROQUEST MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL PROQUEST BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE EVEN IF PROQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Prices

 

Prices may not be accurate and actual prices may vary. The information supplied is believed to be accurate, but ProQuest does not warrant or guarantee such accuracy.

 

Use of Information

 

The name, address, and payment information (if applicable) that the USER provides via this Web site, together with information regarding the manner in which the USER uses this Web site, will not be processed or disclosed by ProQuest except as permitted by these terms and conditions or where institutions agree to share purchasing selections. By being a user of this Web site, the USER agrees that ProQuest may share with other parties’ aggregate information gathered by ProQuest in the course of the USER’S continuing individual use of this Web site. “Aggregate information” is information that describes the habits, usage patterns, and/or demographics of users as a group, but does not describe or reveal the identity of any particular user.

 

Cookies

 

ProQuest uses cookies so that it may customize the OASIS site for your institution. A cookie is a series of data characters that, when programmed into a Web site, is placed by the Web server into the browser’s application folder on your computer. The cookie will allow the OASIS site to associate you with your information.

 

COPYRIGHT INFRINGEMENT NOTICE

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please send a valid DMCA notice (or counter-notice) according to the procedures described below by e-mail to: dmca@proquest.com.

 

Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on any website controlled or operated by ProQuest (the “ProQuest Site” or “Site”) can be identified and removed via ProQuest’s DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

 

If you believe in good faith that your copyright(s) has/have been infringed on the OASIS Web site, you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.

 

When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.

 

Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.

 

Notices and Counter-Notices are legal notices distinct from regular OASIS Web site activities or communications. As such, they are not subject to the applicable Privacy Policy. This means we may publish or share them with third parties at our discretion, and we may produce them pursuant to a legal discovery request.

 

Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.

 

a. Filing a DMCA Notice

 

To file a DMCA Notice with ProQuest, you must send us a written letter by fax, regular mail or email. We reserve the right to ignore a Notice that is not in compliance with the DMCA.

 

Your Notice must:

 

1.      Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at [list URL where material is located].”);

2.      Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Site. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;

3.      Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);

4.      If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

5.      Include the following statement: “I have a good faith belief that use of the material in the manner complained of 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.”;

7.      The Notice must be signed;

8.      The Notice must be sent to our DMCA designated agent at the following address:

DMCA Agent ProQuest, LLC

789 E. Eisenhower Parkway

Ann Arbor, MI 48106-1346

USA Tel: 734-997-4107

Or fax to: 734-661-1600 (on the cover sheet, please write: Attention: DMCA NOTICE).

Or email to: dmca@proquest.com

 

b. Filing a Counter-Notice

 

If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax, regular mail or email.

 

When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA.

 

Your Counter-Notice must:

 

1.      Describe and list all material(s) that were removed by ProQuest and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;

2.      Provide your name, address, telephone number and email address (if available);

3.      State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);

4.      State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.

5.      Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

6.      The Counter-Notice must be signed.

7.      The Counter-Notice must be sent to our DMCA designated agent at the following address:

DMCA Agent ProQuest, LLC

789 E. Eisenhower Parkway

Ann Arbor, MI 48106-1346

USA Tel: 734-997-4107

Or fax to: 734-661-1600 (on the cover sheet, please write: Attention: DMCA COUNTER-NOTICE).

Or email to: dmca@proquest.com

Service Contact

 

Contact customer service at Coutts-Oasis@proquest.com with questions about functionality with this Web site.

 

Modification of These Terms and Conditions

 

ProQuest reserves the right to change this AGREEMENT at any time by revising the terms and conditions herein. USER is responsible for regularly reviewing these terms and conditions. (This AGREEMENT will be provided for your review from a link off the main OASIS site.) Continued use of this Web site following any such changes shall constitute the User’s acceptance of such changes.

 

General

 

ProQuest reserves the right to make any and all changes to this Web site at its sole discretion without notice to the USER. ProQuest reserves the right to deny access to this Web site to anyone at anytime.

 

This AGREEMENT shall be deemed to include all other notices, policies, and other terms in the Web site. In the event of a conflict the terms of this AGREEMENT shall control.

 

This AGREEMENT is governed by the laws of the State of Michigan, U.S.A.

 

If any part of this AGREEMENT is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the AGREEMENT shall continue in effect.

 

A printed version of this AGREEMENT and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this AGREEMENT to the same extent and subject to the same conditions as other business documents and records.

 

©2015 ProQuest LLC.  All rights reserved.