Terms of Service

Effective starting 5 May 2021. Last updated 10 February 2022.

This Terms of Service Agreement (“Site Terms”) sets forth the terms of a legally binding contract between you (“You” or “Your”, either as an individual or a legal entity) and The Book Arts Press, Inc., a Virginia nonstock corporation doing business as Rare Book School (collectively, “RBS”, “We”, “Us, or, as the context may require, “Our”) located in the City of Charlottesville, in the Commonwealth of Virginia, in the United States of America. Please read these terms of service carefully as they are applicable immediately upon any use by You of any website operated by RBS, including without limitation the RBS home page and the myRBS website, as well as upon Your participation in any electronically delivered RBS activities or events, such as RBS courses or lectures presented via Zoom.us, Gather.town, or similar third-party websites (all of the foregoing is each and collectively hereinafter referred to as the “Site”). Please note that individual websites or applications, including without limitation Third Party Sites (defined below), may have additional terms of service governing Your use of such website or application, and We encourage You to review all terms of service before using any website or application.

These Site Terms set forth the legally binding terms and conditions of use for Your use of the Site and the related services, features, contents, or any purchases You make via the Site. These Site Terms apply to all users of the Site, including, without limitation, users who are contributors of content, information and other materials or services on the Site. Your access and use of the Site will be subject to the version of the Site Terms posted on the Site at the time of use. If You do not agree with the Site Terms, then We are not willing to grant You the right to access, view, download, or otherwise use the Site, or to make any purchases via the Site, and, accordingly, You are not authorized to do so and are instructed to exit the Site immediately.

Occasionally, We may make changes to the Site Terms for reasons such as changes in Our services, or in response to changes in laws and regulations. When We make substantive changes to the Terms and Conditions of Use, We will provide You with notice as appropriate under the circumstances, such as by displaying a prominent notice on the Site, or by sending You an email. In some cases, We will notify You in advance, and Your continued use of the Site after the changes have been made will constitute Your acceptance of the changes. Please therefore make sure You read any such notice carefully. If You do not wish to continue using the Site under the new version of the Site Terms, You may terminate Your account by contacting us at administrator@rarebookschool.org.

Privacy Policy

RBS believes strongly in protecting user privacy. Please refer to Our Privacy & Information Practices Policy for information on how We collect and use information from users of the Site. By using the Site, You agree to the terms of Our Privacy & Information Practices Policy, as the same may be amended by Us from time to time.

Statement of Values and Code of Conduct

RBS believes strongly in our stated values and code of conduct. Please refer to Our Values & Code of Conduct for information on Our values and our code of conduct. By using the Site, You agree to be bound by Our Values & Code of Conduct, as the same may be amended by Us from time to time.

Grant of License

Subject to Your acceptance and compliance with the Site Terms, RBS grants You a personal, revocable, nontransferable, non-exclusive license to access the Site for personal, educational, non-commercial purposes.

Limitations on License

The license granted to You does not include:

  1. any commercial use of the Site or content therein;
  2. the collection and use of any course listings, pictures, or descriptions;
  3. making derivative uses of the Site or the Site’s contents;
  4. use of any data mining, robots, or similar data gathering or extraction methods; or
  5. any use of a Site other than for its intended purpose.

Except as expressly provided herein, You are not conveyed any right or license by implication, estoppel, or otherwise under any patent, trademark, or proprietary right of RBS or any third party.

You may use and access the Site solely for Your personal, educational, non-commercial use. All use of the Site must be in accordance with these Site Terms.

You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any contents, information, data or materials provided through the Site in any manner not expressly permitted by these Site Terms. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any portion of the Site.

You may not:

  1. use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service;
  2. attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, the account of any other authorized user or any other systems or networks connected to the Service or to any server used by RBS or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means;
  3. probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site, or any network connected to the Site;
  4. reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site;
  5. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks of RBS or networks connected to the Site;
  6. use any device, software, or routine to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site;
  7. use the Site to harvest or collect email addresses or other contact information;
  8. market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Site without the express, separate and prior written permission of RBS;
  9. create an intact reproduction of a page or pages of the Site into another service; or
  10. use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact RBS.

Registration

Some areas of the Site may require You to be or become a registered user. When and if You register, You agree to

  1. provide accurate, current, and complete information about Yourself as prompted by our registration form, and
  2. maintain and update Your information to keep it accurate, current, and complete.

As part of the registration process, You will be asked to enter an email address that serves as a username and a password. You are responsible for maintaining the confidentiality of Your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials:

  1. with the intent to impersonate another person;
  2. subject to the rights of another person without authorization;
  3. in violation of the intellectual property rights of another person; or
  4. that We, in Our sole discretion, deem inappropriate or offensive or discriminatory on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

We may refuse to grant You a username that impersonates someone else, or may be problematic in another respect, at our sole discretion. If You have reason to believe that Your account with us is no longer secure, You must promptly change Your password and immediately notify us of the problem by contacting us in writing at administrator@rarebookschool.org.

You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or user name, and You further acknowledge and agree that all rights in and to Your user name and account are and shall forever be owned by and inure to the benefit of RBS. Failure to comply with the foregoing shall constitute a breach of the Site Terms, which may result in immediate suspension or termination of Your account. RBS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. We reserve the right to delete or change Your username and/or password (with or without notice) at any time and for any reason.

Submissions and Postings

The Site may include discussion forums or other interactive areas, including chat rooms or bulletin boards (“Interactive Areas”). You are solely responsible for Your use of such Interactive Areas and use them at Your own risk.

Unless otherwise restricted by RBS, You may post, upload, or otherwise transmit (“Submit”) to Us via Interactive Areas creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “User Content”). When You Submit any User Content, You represent that such User Content is unique to You or is used with permission of the copyright holder (if applicable). You retain the copyright and/or all other pre-Submission rights to the User Content You may have. However, by Submitting the Submission, You grant to RBS a non-exclusive, perpetual, royalty-free, worldwide, transferable license to copy, transmit, modify, display, and/or otherwise use the Submission in any and all media in Our sole discretion. You also grant us the right to anonymously incorporate selected quotes and similar content from Your User Content, and to collectively analyze anonymized data from Your User Content, for use in the statistical reports, promotional materials, and narrative reports We prepare.

By using any Interactive Area, You agree not to post, upload to, transmit, distribute or otherwise publish through the Site any of the following:

  1. Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
  3. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of a third party. By posting any User Content, You represent and warrant that You have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;
  5. Unsolicited promotions, advertising, or solicitations;
  6. Private information of any third party, including without limitation addresses, phone numbers, email addresses, social security numbers, and credit card numbers;
  7. Viruses, corrupted data, or other harmful, disruptive or destructive files; and
  8. Content that, in the sole judgment of RBS, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose RBS or other Site users to any harm or liability of any type.

RBS takes no responsibility and assumes no liability for any User Content posted or uploaded by You or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity You may encounter.

Your use of the Interactive areas is at Your own risk. RBS is not liable for any statements, representations, or other User Content provided in any Interactive Area. Although RBS has no obligation to screen, edit, or monitor any User Content posted in any Interactive Area, RBS reserves the right and has absolute discretion, to remove, screen or edit any User Content that violates these provisions or, in Our sole discretion, is otherwise objectionable. Any use of an Interactive Area in violation of the foregoing is a violation of these Site Terms and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Site.

Ownership and Restrictions on Use

We operate the Site in conjunction with others pursuant to contractual arrangements, and the materials of the Site (and any intellectual property and other rights relating thereto) are and will remain our property or that of our licensors or suppliers, as protected by U.S. and international copyright, trademark, and other laws. Unless otherwise restricted by RBS or any owner of copyrighted materials posted on a Site, You may download and/or print to hard copy portions of the Site for the sole purpose of using the materials and content therein for informational, educational, non-commercial, personal use only. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Site. You may not otherwise copy, reproduce, republish, upload, post, transmit, or distribute content or information available on or through the Site without our prior written permission. Unless otherwise restricted by RBS or any owner of copyrighted materials posted on a Site, the materials, content, and information of the Site may be used solely to the extent necessary for Your authorized use of the Site. You acknowledge and agree that You do not acquire any ownership rights by using the Site or the Site’s materials.

Digital Millennium Copyright Act (“DMCA”) Notice

RBS is committed to complying with intellectual property laws, and requires all users of the Site to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Site in any manner that constitutes an infringement of a third party’s intellectual property rights, including rights granted by copyright law.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Upon receipt of proper notification to RBS by a copyright owner or the copyright owner’s legal agent, We may restrict access and/or terminate use privileges of any user who repeatedly infringes the copyright rights of others.

If You believe that any material on the Site infringes upon any copyright which You own or control, or that any link on the Site directs users to another Web site that contains material that infringes upon any copyright which You own or control, please contact us as at administrator@rarebookschool.org with subject line “DMCA.”

Indemnification

You agree to defend, indemnify, and hold harmless RBS, its independent contractors, service providers, and consultants, and their respective directors, employees, volunteers, and agents, from and against any third-party claim, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of Your use of the Site, including without limitation any actual or threatened suit, demand, or claim made against RBS and/or its independent contractors, service providers, employees, directors, consultants, or volunteers, arising out of or relating to Your conduct, Your violation of these Site Terms, or Your violation of the rights of any third party.

Disclaimer

THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. RBS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. RBS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS SOFTWARE. RBS DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND/OR SERVICES, OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OF ANY CONTENT, INFORMATION, MATERIALS, USER CONTENT, FEATURES, SERVICES, PRODUCTS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SITE OR THROUGH LINKS ON THE SITE. THE USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL RBS, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT RBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO

  1. THE USE OR INABILITY TO USE THE SITE;
  2. ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SITE; OR
  3. ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

WHILE CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT APPLY TO YOU.  IN ANY CASE, THE ENTIRE LIABILITY OF RBS, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS, UNDER THESE SITE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.

Third-Party Content

Certain links in the Site may lead to websites that are hosted or operated by Our partners (“Third-Party Sites”). When You click on any of these links, You will leave the Site, and we have no control over, and have no responsibility or liability in respect of, the material on any website which is not under Our control. You should be aware that the terms and conditions and privacy policies of such third-party websites may be different from those applicable to the Site. RBS expressly disclaims any responsibility for the content, materials, accuracy of information, and/or the quality of the products or services provided by, available through, or advertised on Third-Party Sites, or the products or services provided by any third party.

Applicable Law

These Site Terms and Your use of the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Charlottesville, Virginia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.

Modifying/Terminating Services

On becoming aware of any potential violation of these Site Terms or of any potential violation of any other RBS policy to which You are subject, including without limitation the RBS Statement of Values & Code of Conduct and the RBS Privacy & Information Practices Policy, as any of the foregoing may be amended from time to time, We reserve the right to terminate Your access at any time without prior notice and at Our sole discretion. We may suspend or terminate Your right to access our services via the Site at any time for any reason without notice, obligation, or liability to You.

Notwithstanding these Site Terms, We reserve the right to modify, update, or discontinue the services we provide via the Site, or portions thereof, at any time and without prior notice. Upon termination of service, Your right to use the Site shall immediately cease, and You must destroy all materials obtained from the Site and all copies thereof.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Contact Us

We welcome comments, questions, concerns, or suggestions. You can contact Us or get support at administrator@rarebookschool.org.

You may also write to us by postal mail at:

Rare Book School
PO Box 400103
University of Virginia
Charlottesville, VA 22904-4103