CHOR, Inc., d/b/a CHORUS (referred to as “CHORUS”, “us” “our” and “we”) is a nonprofit 501(c)(3)
organization that operates certain websites at the chorusacess.org URL (“Websites”). These Terms of Service describe terms and conditions under which CHORUS allows you and other users to access and use its Websites and the content provided on the Websites through dashboards, a search mechanism and APIs to facilitate access to our content. The dashboards, search mechanism and API’s are collectively referred to in these Terms of Service as the “CHORUS Services”.
These Terms of Service create a binding agreement between you and us. If you do not agree to these Terms of Service please refrain from using the CHORUS Services.
2. License & Ownership
CHORUS grants you a limited, non-exclusive license to access our Websites and use the CHORUS Services for any legal purpose. Please note that this does not include a license to use the CHORUS logo or service marks (which are owned by us) or any linked articles (which are owned by third parties).
CHORUS asserts no claims of ownership to individual items of bibliographic metadata and associated digital object identifiers (DOIs) accessed or acquired through the use of the CHORUS Services. Individual items of bibliographic metadata and associated DOIs may be cached and incorporated into your content and systems.
All rights not explicitly granted or disclaimed herein are reserved by CHORUS.
The CHORUS Services are offered for the purpose of providing access to individual items of metadata for personal and commercial use. CHORUS reserves the right to suspend the CHORUS Services and to suspend or terminate any individual user’s ability to access the CHORUS Services at any time in its sole discretion. CHORUS may set and enforce usage limitations, may track use of the CHORUS Services by users to determine compliance with such usage limitations, and/or require fees for extensive or extended use, in its sole discretion (although we would not charge fees without a prior warning).
Organizations that are members of CHORUS access a Member API through a confidential URL. Members are not permitted to share the URL outside their organization and shall ensure that the URL remains confidential.
CHORUS offers additional fee-based services to member organizations. The terms of such services are governed by a Publisher Membership Agreement or an Affiliate Membership Agreement. For additional information about membership, please see membership or Join CHORUS.
5. Links to Third Party Content
The Websites and CHORUS Services include links to third-party content and websites. These Terms of Service do not apply to that content and those sites. CHORUS has not reviewed any third-party content or websites for accuracy, appropriateness, completeness or non-infringement. CHORUS makes no representations and warranties about such third-party content and websites and takes no responsibility and is not liable for such third-party content and websites.
6. Warranties/Disclaimer/Limitation of Liability
THE WEBSITES AND CHORUS SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND CHORUS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES (individually and collectively, the “CHORUS PARTIES”) DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, ORAL, OR WRITTEN) RELATING TO THE WEBSITES AND CHORUS SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, COMPATIBILITY, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, (1) IN NO EVENT SHALL THE CHORUS PARTIES BE LIABLE FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR CLAIMS (“COSTS”) DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR USE OF THE WEBSITES OR CHORUS SERVICES; (2) YOU IRREVOCABLY RELEASE AND HOLD HARMLESS THE CHORUS PARTIES FROM ANY SUCH COSTS; (3) UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE CHORUS PARTIES IN CONNECTION WITH YOUR USE OF THE WEBSITES AND CHORUS SERVICES EXCEED THE FEES PAID BY YOU TO CHORUS FOR YOUR USE OF THE CHORUS SERVICES, OR IN THE EVENT THAT A JURISDICTION BARS ZERO DAMAGES, U.S. $ 10. IN ALL CASES, THE CHORUS PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE.
7. Modifications to these Terms of Service
We may modify these Terms of Service from time to time by posting a revised version on our Websites, provided that no changes will apply retroactively. Your continued use of the Websites and CHORUS Services after the posting of such new Terms of Service means that you agree to the changes.
These Terms of Service make up the entire agreement between CHORUS and you with respect to the CHORUS Services, and they do not create any third party rights. If any term is unenforceable, this will not affect the other terms. If there is any conflict between these Terms of Service and the Publisher or Affiliate Membership Agreement, the latter shall govern. If you do not comply with any of these Terms of Service, and we do not take action to enforce them right away, that does not mean that we are giving up our rights, including the right take action in the future. We may take any actions necessary in order for us to comply with applicable laws. These Terms of Service shall be interpreted under and governed by the laws of the State of New York, excluding any laws that might direct the application of the laws of another jurisdiction. All claims, disputes and actions of any kind arising out of or relating to these Terms of Service shall be settled exclusively in New York, New York.
If you have any additional questions about our Terms of Service, please contact CHORUS at email@example.com or by writing to CHORUS Executive Director, 72 Dreyer Avenue, Staten Island, NY 10314.