PEN America Terms & Conditions

 

These Terms of Service, along with the Privacy Policy, apply to all users of PEN America’s digital platforms, including, e.g., this website, archive.pen.org, (and all of PEN America’s other websites, such as pen.org and worldvoices.pen.org, that link to these Terms of Service), embeddable content that we may make available for use on other organization’s or individual’s websites or digital platforms, and our apps, other than third party content, discussed below under the heading “Third Party Content.” By using our digital platforms, you agree to be bound by these Terms of Service. We may modify, add to, or delete portions of these Terms of Service at any time by posting updated Terms of Service, and any modifications, additions, or deletions to these terms will become effective immediately upon posting, although any changes will only take effect prospectively, from the date of the change. Please review these Terms of Service regularly. You agree that your continued use of the digital platforms following the posting of updated Terms of Service indicates your consent to those changes.

Use of the Service
By using the digital platforms, including by registering for the digital platforms, participating in comments or discussions, submitting content through the digital platforms, using RSS feeds or downloadable content, or by using any other features of the digital platforms, you agree to the following rules:

General Use

• The digital platforms may only be used for noncommercial purposes. You may not use the digital platforms to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.
• The digital platforms are intended for users over the age of 13.
• PEN America may delete, edit, or move any user-generated material that we believe may be in violation of these Terms of Service. PEN America may limit or terminate users’ access to the PEN America digital platforms for any reason, including violation of these Terms of Service.

Our Copyrights
The digital platforms and contents and elements of the digital platforms (including, e.g. both editorial content and the code used in programming the platforms) are protected by U.S. and international copyright laws. Except as explicitly provided in these Terms of Service, you may not reproduce, distribute, transmit, display, prepare derivative works, perform, or use in any other way that is prohibited by copyright law without consent of the copyright holder, any copyrighted material found on or in PEN America’s digital properties. You may copy and print content for your personal, noncommercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. To request permission from PEN America for any other use, please contact us at archive(at)pen.org.

Disclaimer
The digital platforms are available on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. PEN America does not warrant that the digital platforms will be uninterrupted or error-free. PEN America also does not make any warranties as to the results that may be obtained from use of the digital platforms or as to the accuracy, reliability, or content of any information, service, products, opinions, or statements available on or through the digital platforms or through links on the digital platforms. Use of these digital platforms is entirely at your own risk.

Limitation of Liability
In no event will PEN America, its directors, officers, or employees be liable for any indirect, consequential, special, incidental, or punitive damages, arising out of the use or inability to use the digital platforms. In no event will PEN American, its directors, officers, or employees be liable for any amount in excess of $100.

Copyright Agent
If you believe that your work has been reproduced on our digital platforms in a way that constitutes copyright infringement, please provide the following information in writing to archive(at)pen.org:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
• A link to and description of the copyrighted work that you claim has been infringed.
• A link to and description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
• Your contact information, such as address, telephone number, and e-mail address.
• A statement that you 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.
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

About Copyright and the PEN America Collections
Whenever possible, we provide information that we have about copyright owners and related matters in the catalog records, finding aids and other texts that accompany collections. However, the information we have may not be accurate or complete. As a nonprofit organization, we generally do not own the rights to materials in our collections. You should determine for yourself whether or not an item is protected by copyright or in the public domain, and then satisfy any copyright or use restrictions when publishing or distributing materials from our collections. Transmission or reproduction of protected items beyond what is allowed by fair use or other exemptions requires written permission from the copyright holder.

We do not charge permission fees for using any materials, and generally do not grant or deny permission to publish or otherwise distribute them. We do request that anyone linking to our websites present the link in a manner that does not imply that we are making an express or implied endorsement of any good or service provided, and that the link clearly indicates that the user is leaving one site and going to another.

If you have more information about material on our websites, or if you are the copyright holder and believe our websites have not properly attributed your work or have used it without permission, please contact [email protected] with your contact information and a link to the relevant content.

View more information about copyright law from the U.S. Copyright Office

National Endowment of the Humanities Policy Statement

Any views, findings, conclusions, or recommendations expressed in this archive and database, do not necessarily represent those of the National Endowment for the Humanities.