Terms

Terms and Conditions of Use

1. Welcome to The Journal of Michael Jackson Academic Studies

The Journal of Michael Jackson Academic Studies is an online academic magazine and site that hosts an independent online journal for publications related primarily, to the artist, Michael Jackson. This includes academic commentary on his music, poetry, short films and books.

By using The Journal of Michael Jackson Academic Studies, you agree to these Terms and Conditions of Use.


2. Authorized Users.

2.1 Access to content on The Journal of Michael Jackson Academic Studies is available for “Sign Up” and “Official Members”, meaning:

(a) individuals who are affiliated with a personal license, who maintains a valid agreement with The Journal of Michael Jackson Academic Studies. This includes, as applicable:

(b) individual members of scholarly societies that have entered into an agreement with The Journal of Michael Jackson Academic Studies for access to specific Content via The Journal of Michael Jackson Academic Studies Platform (“Official Members”); and

(c) other users of specified Content agreed upon in writing by or on behalf of The Journal of Michael Jackson Academic Studies, including users of

i individual researchers not affiliated with a publication, or scholarly society;

ii individuals who have successfully registered with The Journal of Michael Jackson Academic Studies

iii  individuals who have successfully purchased access through “Official Members” (a service through which individuals can purchase access to The Journal of Michael Jackson Academic Studies Content as defined below.


3. The Content.

3.1 “Content” means the collective of:

a) “Back Issues”, defined as journal volumes and issues dated behind the “Moving Wall” described at http://michaeljacksonstudies.org/volumes/

b) “Books”, defined as complete books and/or portions of such books, such as book chapters.

c) “Current Issues”, defined as those issues of journal(s) published online back to the Digital Availability Date. The “Digital Availability Date” is the year when issues of the Journal(s) initially were published online in digital format, subject to exceptions as determined by the publisher and The Journal of Michael Jackson Academic Studies, and does not include digitized versions of print issues. Information concerning the Digital Availability Date for each title is available on the title itself.

d) other materials made available by The Journal of Michael Jackson Academic Studies, including but not limited primary source materials including the Michael Jackson’s Dream Lives On: An Academic Conversation.


4. Permitted Uses of the Content.

4.1 Authorized Users may search, view, reproduce, display, download, print, perform, and distribute Licensed Content for the following Permitted Uses, provided they abide by the restrictions in this Section 4, Section 5 and elsewhere in these Terms and Conditions of Use:

(a) research activities;

(b) classroom or organizational instruction and related classroom or organizational activities;

(c) student assignments;

(d) as part of a scholarly, cultural, educational or organizational presentation or workshop, if such use conforms to the customary and usual practice in the field;

(e) linking

(f) Data for Research as defined further in Section 14.3 below.

and for Authorized Users other than “Sign Up” and “Official Member” Users:

(g) on an ad hoc basis and without commercial gain or in a manner that would substitute for direct access to the Content via services offered by The Journal of Michael Jackson Academic Studies, sharing discrete portions of Content for purposes of collaboration, comment, or the scholarly exchange of ideas;

(i) downloading Content (including certain Book chapters where downloading is made available for the Book chapters on The Journal of Michael Jackson Academic Studies Platform) to view, use and display including on a personal digital device (e.g. mobile devices, e-readers, and personal computers);

(j) (except for Books) in research papers or dissertations, including reproductions of the dissertations, provided such reproductions are only for personal use, library deposit, and/or use solely within the institution(s) with which the Authorized User and/or his or her faculty readers are affiliated; and

(k) fair use under Section 107 of the U.S. Copyright Act, educational exceptions, or other similar provisions of the copyright laws or other intellectual property right laws in the United States and United Kingdom and United Kingdom.

4.2 The portions of Licensed Content that have been downloaded or printed out by an Authorized User may continue to be used in compliance with these Terms and Conditions even if such license should later terminate or expire.

The Journal of Michael Jackson Academic Studies asks that you acknowledge The Journal of Michael Jackson Academic Studies as the source of our Content; if you use material from The Journal of Michael Jackson Academic Studies online, we request that you link directly to the stable URL provided. If you use our content offline, we ask that you credit the source as follows: “Courtesy of The Journal of Michael Jackson Academic Studies.”

Please be considerate of other users and do not use robots or other devices or coordinate activity to systematically download these works as this may be disruptive to our systems.


5. Prohibited Uses of the Content.

Institutions and users may not:

(a) use or authorize the use of The Journal of Michael Jackson Academic Studies Platform or Content for commercial purposes or gains, including charging a fee-for-service for the use of The Journal of Michael Jackson Academic Studies beyond reasonable printing or administrative costs. For purposes of clarification, “commercial purposes or gains” shall not include research whose end-use is commercial in nature.

(b) except as set forth above, provide and/or authorize access to the Content available through Individual Access, to persons or entities other than Authorized Users;

(c) attempt to override, circumvent, or disable any encryption features or software protections employed in The Journal of Michael Jackson Academic Studies Platform;

(d) undertake any activity such as the use of computer programs that automatically download or export Content, commonly known as web robots, spiders, crawlers, wanderers or accelerators that may interfere with, disrupt or otherwise burden The Journal of Michael Jackson Academic Studies server(s) or any third-party server(s) being used or accessed in connection with The Journal of Michael Jackson Academic Studies; or

(e) undertake coordinated or systematic activity between or among two or more individuals and/or entities that, in the aggregate, constitutes downloading and/or distributing a significant portion of the Content; or

(f) make any use, display, performance, reproduction, or distribution that exceeds or violates these Terms and Conditions of Use.

Additionally, for Content other than the Michael Jackson’s Dream Lives On: An Academic Conversation, Institutions and users may not:

(g) modify, obscure, or remove any copyright notice or other attribution included in the Content;

(h) incorporate Content into an unrestricted database or website, except as provided in 4.1(e) above;

(i) systematically print out or download Content to stock or replace print holdings;

(j) download or print, or attempt to download or print an entire issue of a journal or substantial portions of the entire run of a journal, except for the specific case in which the complete contents of a journal issue or a substantial portion of Content (e.g. a series of scholarly essays) is relevant to the particular research; or

(k) reproduce or distribute Content in bulk, such as the inclusion of Content including portions of Content (e.g., Book chapters, individual articles and/or journal issues) or Content in course packs, electronic reserves, repositories, or organizational intranets (but see Section 4.1(f) above).


6. Linking.

The Journal of Michael Jackson Academic Studies encourages the use of links to facilitate access to the Content by Authorized Users, including but not limited to links to online syllabi, bibliographies, and reading lists. All Content has a stable URL that can be found in the Browse and Search interfaces of The Journal of Michael Jackson Academic Studies‘s website. Further information on establishing stable links to material in The Journal of Michael Jackson Academic Studies may be obtained from User Support (http://michaeljacksonstudies.org/contact/).


7. Responsibilities of Users.

7.1 Access. Authorized Users shall be responsible for maintaining the confidentiality and security of his or her username and/or password (if such are provided), and for all usage or activity by them of The Journal of Michael Jackson Academic Studies and may not provide access to The Journal of Michael Jackson Academic Studies to anyone else.

7.2 Unpermitted Use. Authorized Users shall notify The Journal of Michael Jackson Academic Studies of any such unpermitted use of which they learn or are notified, including but not limited to any known or suspected unauthorized use(s) of an individual or institutional account or unauthorized use of The Journal of Michael Jackson Academic Studies, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of a username, password, and/or IP address, and shall work cooperatively with The Journal of Michael Jackson Academic Studies to resolve problems of unpermitted use. In the event of violation of these Terms and Conditions of Use by an Authorized User, (a) The Journal of Michael Jackson Academic Studies may suspend or terminate, or, where practicable, request that Institutional Licensee suspend or terminate, such Authorized User’s access to the Licensed Content; (b) The Journal of Michael Jackson Academic Studies may suspend or terminate the access of the Internet Protocol (“IP”) address(es) or other authorization and authentication mechanisms from which such unauthorized use occurred

7.3 Posted Material.  Where Authorized Users are able to submit material and/or post comments on The Journal of Michael Jackson Academic Studies Platform, they represent and warrant that they will not upload or otherwise publish through The Journal of Michael Jackson Academic Studies any materials that: (a) are protected by copyright, or other proprietary or intellectual property rights; (b) are libelous, defamatory, obscene, pornographic, abusive, or invasive of another’s privacy or hateful; or (c) contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. Authorized Users acknowledge and agree that any material that they submit or comments that they post may be edited, removed, modified, and/or published by The Journal of Michael Jackson Academic Studies without notice.

7.4 Indemnification. Authorized Users shall be held responsible, and shall indemnify and hold The Journal of Michael Jackson Academic Studies harmless from any and all liability and costs incurred, for any violations by them of the Terms and Conditions of Use.

7.5 Hardware and Software. Authorized Users are responsible for providing and maintaining any hardware and Internet access necessary to provide access to The Journal of Michael Jackson Academic Studies Platform and any and all costs associated therewith. The Journal of Michael Jackson Academic Studies will update its content and its platform from time to time consistent with evolving industry standards.


8. Intellectual Property Rights.

8.1 General Intellectual Property Rights. The Journal of Michael Jackson Academic Studies Platform and any copyrights and copyright registrations and applications, rights in ideas, designs, works of authorship, derivative works, and all other intellectual property rights (collectively, “Intellectual Property”) relating to The Journal of Michael Jackson Academic Studies Platform and its participants are proprietary to The Journal of Michael Jackson Academic Studies or, subject to the rights of third parties.

8.2 Trademarks. Neither The Journal of Michael Jackson Academic Studies nor Authorized Users may use the other’s name or trademark and users may not use the name or trademarks of the above-noted entities without approval except: (i) Institutions are encouraged to use The Journal of Michael Jackson Academic Studies‘s name and logo to announce participation to Authorized Users and to train Authorized Users on the use of The Journal of Michael Jackson Academic Studies.


9. Responsibilities of The Journal of Michael Jackson Academic Studies.

9.1 The Journal of Michael Jackson Academic Studies will use reasonable efforts to provide continuous availability of The Journal of Michael Jackson Academic Studies Platform subject to periodic unavailability due to maintenance and/or updates of the server(s) and platform and downtime related to equipment or services outside the control of The Journal of Michael Jackson Academic Studies (“Maintenance Downtime”). If The Journal of Michael Jackson Academic Studies fails to provide online availability to The Journal of Michael Jackson Academic Studies Platform for more than 72 hours during any period of 30 consecutive calendar days Authorized Users may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for each 30-day period so affected or (b) terminate its agreement by providing written notice to The Journal of Michael Jackson Academic Studies. The Journal of Michael Jackson Academic Studies will provide support to Authorized Users in accordance with the terms set forth below.

9.2 The Journal of Michael Jackson Academic Studies is committed to supporting and working with industry standards and best practices for online information delivery as these standards are developed.  In furtherance of this commitment, The Journal of Michael Jackson Academic Studies shall use reasonable efforts to ensure that:

(a) Subject to constraints imposed by or in agreement with publishers and/or by third party rights holders, the Content contained in The Journal of Michael Jackson Academic Studies Platform that is produced by digitizing print material are complete and faithful replications of the print versions of such Content.


10. Warranty; Disclaimers. 

10.1 Authorized Users recognize that The Journal of Michael Jackson Academic Studies is both an aggregator and creator of the Content. The Journal of Michael Jackson Academic Studies represents and warrants under the laws of United States and United Kingdom that to its knowledge use of The Journal of Michael Jackson Academic Studies Platform and in accordance with the terms of this Agreement will not infringe the copyright of any third party. The foregoing will not apply, however, to modifications or derivative works of the Content created by Authorized Users or by any third party, nor usage of The Journal of Michael Jackson Academic Studies Platform or Content by Authorized Users in violation of these Terms and Conditions of Use. Please note that the foregoing further will not apply to certain collections of Content as further stated in this Section 11.

10.2 The Journal of Michael Jackson Academic Studies will not be liable, and Authorized Users agree that they will not hold The Journal of Michael Jackson Academic Studies liable for any loss, injury, claim, liability, damages, costs, and/or attorneys fees of any kind that result from the unavailability of The Journal of Michael Jackson Academic Studies Platform or Content, delays or interruption of the services provided hereunder, or arising out of or in connection with Institutional Licensee’s or Authorized Users’ use of The Journal of Michael Jackson Academic Studies Platform or Content in violation of these Terms and Conditions of Use. If The Journal of Michael Jackson Academic Studies Platform fails to operate in conformance with the terms of this Agreement, Institutional Licensee will immediately notify The Journal of Michael Jackson Academic Studies, and, subject to Section 10.1 above, The Journal of Michael Jackson Academic Studies‘s sole obligation will be to repair the nonconformity. In no event will The Journal of Michael Jackson Academic Studies‘s liability to an Authorized User exceed the fees paid to The Journal of Michael Jackson Academic Studies by that Authorized User for the term of the agreement then in effect. OTHER THAN ANY EXPRESS WARRANTIES STATED IN THIS SECTION 11, The Journal of Michael Jackson Academic Studies PLATFORM, CONTENT, AND ACCESS SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AND The Journal of Michael Jackson Academic Studies AND ANY AND ALL THIRD PARTY CONTENT AND SOFTWARE PROVIDERS AND/OR LICENSORS (“CONTENT PROVIDERS”) DISCLAIM ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO The Journal of Michael Jackson Academic Studies, CONTENT, ACCESS SOFTWARE, OR ANY PARTS THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, COMPATIBILITY, MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE. The Journal of Michael Jackson Academic Studies AND ALL CONTENT PROVIDERS MAKE NO WARRANTIES WITH RESPECT TO ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM, EXCEPT THAT The Journal of Michael Jackson Academic Studies WILL EXERCISE A REASONABLE LEVEL OF CARE TO PREVENT SUCH OCCURRENCES. The Journal of Michael Jackson Academic Studies AND ALL CONTENT PROVIDERS FURTHER DISCLAIM ANY LIABILITY AND MAKE NO WARRANTIES WITH RESPECT TO THE CONTENT, INFORMATION, MATERIALS OR OTHER SERVICES INCLUDED IN OR OTHERWISE MADE AVAILABLE BY OR THROUGH The Journal of Michael Jackson Academic Studies.

10.3 Users and Listeners of Michael Jackson’s Dream Lives On: An Academic Conversation should note that third-party rights besides copyright (such as rights of publicity and privacy) may apply, and use of certain images or other materials may require additional permissions from third parties. Users shall hold The Journal of Michael Jackson Academic Studies harmless and assume sole responsibility for addressing issues of publicity and privacy and any other third party rights, and obtaining necessary permissions, as they relate to use of the Michael Jackson’s Dream Lives On: An Academic Conversation.


11. DMCA Notifications.

If you believe that content in The Journal of Michael Jackson Academic Studies violates your copyright or otherwise violates your rights, please send a email notice to The Journal of Michael Jackson Academic Studies directed to michaeljacksonstudies@gmail.com. Please provide with your notice the following information, consistent with the Digital Millennium Copyright Act: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work(s) claimed to have been infringed; (c) identification of the infringing material and information that will permit The Journal of Michael Jackson Academic Studies to locate the material; (d) information that will permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (e) a statement by you that, in your good faith belief, use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon such notification, or if The Journal of Michael Jackson Academic Studies learns of such a claim from another source, The Journal of Michael Jackson Academic Studies may remove such content pending the resolution of such claim.


12. Additional Terms and Conditions of Use. 

Official Member Users will have access to certain Content for unlimited read-and-download access subject to the Official Member User’s agreement with The Journal of Michael Jackson Academic Studies (the “Official Member Agreement”) and subject to these Terms and Conditions of Use.


13. Withdrawing Content from The Journal of Michael Jackson Academic Studies.

The Journal of Michael Jackson Academic Studies may withdraw Content from The Journal of Michael Jackson Academic Studies for good cause shown. The Journal of Michael Jackson Academic Studies would endeavour, to the extent practicable, to minimize any inconvenience to Authorized Users caused by such withdrawal. However, should The Journal of Michael Jackson Academic Studies be unable to avoid such inconvenience, The Journal of Michael Jackson Academic Studies in no way will be held liable for the withdrawal of such Content from The Journal of Michael Jackson Academic Studies Platform. If The Journal of Michael Jackson Academic Studies withdraws a material amount of Content, Institutional Licensee may, upon written request, (a) be granted its choice of a refund or a credit of a prorated portion of its annual access fee for the Agreement then in effect or (b) terminate its agreement without penalty by providing written notice to The Journal of Michael Jackson Academic Studies.


14. Privacy Policy. 

Use of The Journal of Michael Jackson Academic Studies indicates acceptance of The Journal of Michael Jackson Academic Studies‘s Privacy Policy, available: http://michaeljacksonstudies.org/privacy-policy/, as it may be amended from time to time.


15. Force Majeure.

Neither The Journal of Michael Jackson Academic Studies nor Authorized Users will be liable for failures or delays in performing their obligations pursuant to this contract arising from any cause beyond their control, including but not limited to, act of God, acts of civil or military authority, terrorism, fires, strikes, lockouts or labor disputes, epidemics, wars, riots, earthquakes, storms, typhoons and floods and in the event of any such delay, the time for either party’s performance will be extended for a period equal to the time lost by reason of the delay. If the conditions giving rise to the delay continue beyond thirty (30) consecutive days, either party may terminate its agreement with the other by giving written notice to the other party.


16. General.

16.1 These Terms and Conditions of Use will be interpreted and construed according to United States and United Kingdom law, excluding any such laws or conventions that might direct the application of the laws of another jurisdiction, and venue will lie exclusively in the federal and state courts of the United States and United Kingdom, excluding any such laws to the contrary.

16.2 If any provision or provisions of these Terms and Conditions of Use will be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions will not be in any way affected or impaired thereby. A waiver of any breach of these Terms and Conditions of Use will not be deemed a waiver of other breaches of these Terms and Conditions of Use.

16.3 The English language version of agreements with The Journal of Michael Jackson Academic Studies will be controlling over any other version.

16.4 In the interest of managing the evolving needs of Authorized Users, and Content providers, The Journal of Michael Jackson Academic Studies reserves the right to modify these Terms and Conditions, or any aspect of The Journal of Michael Jackson Academic Studies, at any time. The most updated these Terms and Conditions of Use will be posted on The Journal of Michael Jackson Academic Studies website. The Journal of Michael Jackson Academic Studies will notify Authorized Users via email of material modifications. A modification will become effective for an Authorized Users if it does not object in writing to The Journal of Michael Jackson Academic Studies within 60 (sixty) days from the time The Journal of Michael Jackson Academic Studies emails notice of the modification. In the event of such an objection, the Institutional Licensee will have the right to terminate the Agreement on 30 (thirty) days written notice.

Last updated on September 22, 2016


Revisions

Below is a list of all the revisions made to the content of our Terms, with links to view the difference between each revision.

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