American Life in Poetry
sponsors
The Poetry Foundation

Library of Congress

University of Nebraska
at Lincoln

Permissions & Terms of Use

Welcome to American Life in Poetry, a project of The Poetry Foundation and the Library of Congress (the "Project"). These Terms of Use and our Privacy Policy govern your use of the Project's Internet website located at the addresses PoetryFoundation.org, AmericanLifeinPoetry.org, and AmericanLifeinPoetry.com (the "Website"). Please review carefully these Terms of Use and our Privacy Policy.

These Terms of Use may be modified at any time and without notice to you. It is your responsibility to visit this web page frequently to review carefully the current Terms of Use which govern your continued use of the Website. Each and every time you access the Website you shall be deemed to have agreed to the then current Terms of Use.

Your use of this Website is at the sole discretion of the Project. We may deny you access to this Website or any portion thereof at any time, without notice and with or without cause. If you do not agree to these Terms of Use your sole recourse is to leave the Website.

Permissible Uses Not Requiring Registration

Individual users are permitted to download personal copies of the current or archived American Life In Poetry columns and the poems reproduced in each column. In addition, school teachers and college and university instructors and professors are permitted to download and make copies of the current or archive American Life In Poetry columns and the poems reproduced in each column solely for classroom use. All copyright and trademark notices accompanying any such column or poem must be retained and reproduced in all such copies made by individual users and educators.

Permissible Uses Requiring Registration

Publishers of hard copy periodicals, including newspapers and magazines, as well as the operators of Internet Websites, Blogs, and Bulletin Boards who register at the Website may reproduce the current or archived American Life In Poetry columns and the poems reproduced in each column in their newspapers or magazines, or on their Websites, Blogs, or Bulletin Boards. All copyright and trademark notices accompanying any such column or poem must be retained and reproduced in all such copies made by a periodical publisher or by the operator of a Website, Blog, or Bulletin Board.

Persons younger than 13 years of age may not register at the Website without the express written permission of a parent or legal guardian. Information provided to us through the registration process is subject to the Privacy Policy of the Website.

Intellectual Property

The Website and all its contents, including the text, graphics, photographs and software, are owned by or licensed to The Poetry Foundation and are protected by United States and international copyright laws and other intellectual property laws. You may occasionally reproduce, distribute, display or transmit an insubstantial portion of Website content solely for personal and noncommercial uses and solely for a limited number of individuals, provided that you include all trademark, copyright, and other proprietary rights notices in the same form in which the notices appear on Website. Except for the purpose stated in the immediately preceding sentence, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in selling or exploit in any way, in whole or in part any of the contents of the Website.

American Life in Poetry, and other trademarks, logos and indicia of source displayed on the Website (collectively, "Trademarks") are owned by The Poetry Foundation. The Trademarks may not be used in connection with any product or service that does not belong to The Poetry Foundation or in any manner that is likely to cause confusion about whether The Poetry Foundation is the source, sponsor, or endorser of the product or service and may not be used in any manner that disparages or discredits the Project or The Poetry Foundation.

Links to the Website, Frames, and Metatags

You may not link to the home page of the Website in any way that might cast the Project or The Poetry Foundation in a false or misleading light. You may not frame the Website content so that it is viewed on another site. You may not use metatags or any other "hidden text" that incorporates the name American Life in Poetry or The Poetry Foundation or the Trademarks without our express written consent.

Linked Websites

This Website may contain hyperlinks to websites owned and operated by parties other than The Poetry Foundation Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and are not responsible for their contents. The inclusion of hyperlinks on our Website does not mean that we endorse or approve of any third party website to which you may have access through the linked websites. We accept no liability for any information, products or services contained in, or which may be linked to through, these third-party websites or for any action you may take as a result of linking to any such website. Each of the websites to which you may link are likely to set forth specific terms and conditions of use that you should review. Please review the terms of use and privacy policy of any linked website.

Indemnification

You agree to indemnify, defend and hold harmless The Poetry Foundation and the Library of Congress, their directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively, "The Poetry Foundation and Affiliates") from and against any and all claim, loss, expense, or demand or liability, including attorneys' fees and costs, incurred by The Poetry Foundation and Affiliates arising out of (i) any claim by a third party relating to the posting, distribution, modification or alteration by you of any content, or (ii) your use of the Website in violation of these Terms of Use or in violation of any applicable law.

You agree to cooperate with us as reasonably required in the defense of any such claims. The Poetry Foundation and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of The Poetry Foundation.

Security

The Internet is an open network that is not secure. There is an inherent risk that any transmission via the Internet may be intercepted, modified, misdirected, or not be delivered to the intended recipient. There is also an inherent risk that information stored on a computer connected to the Internet may be accessed without authorization. Although we take reasonable means to protect the security of the information communicated through the Website, no Internet-connected computer system can be made absolutely secure from intrusion. We, therefore, cannot and do not guarantee that information displayed on our Website has not been modified by others without authorization or that information communicated by you to us will be received or that it will not be altered before or after its transmission to us. If you elect to use this Website to communicate with us, you do so at your own risk.

Access to the Website is made by means usernames and related passwords selected during the registration process. You are solely responsible for providing complete and accurate registration details to us in you register at the Website. Similarly, you are solely responsible for guarding the secrecy of your username and its related password. We encourage you to change your password frequently. Although by diligence and care you may reduce the risk of unauthorized use of your username and password, such risk may not be eliminated. Again, we are not responsible for unauthorized access to the Website; if you elect to use this Website, you, and you alone, have assumed the risk of doing so.

Privacy

We are committed to respecting your privacy and that of the information you provide to us. By using this Website, you consent to the processing of personal information about you as described in the Privacy Policy for this Website, which is hereby incorporated by reference within these Terms of Use.

WE TAKE REASONABLE AND APPROPRIATE MEASURES TO ENSURE THAT INFORMATION PROVIDED BY YOU IS USED CONSISTENT WITH THE PRIVACY POLICY. HOWEVER, THE INTERNET IS AN OPEN SYSTEM AND WE CANNOT AND DO NOT GUARANTEE THAT PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, MODIFIED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD THE POETRY FOUNDATION AND ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, MODIFICATION, DELETION, DESTRUCTION, OR USE OF INFORMATION PROVIDED THROUGH THIS WEBSITE.

Digital Millennium Copyright Act Notification of Alleged Copyright Infringement The Project avails itself of the protection of the Digital Millennium Copyright Act. We reserve the right to remove any content or links that allegedly infringe another person's copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent:

Service Provider: The Poetry Foundation
Designated Agent: Webmaster
Address: 61 West Superior, Chicago, Illinois 60654
Telephone: (312) 787-7070
Facsimile: (312) 787-6650
E-Mail: ALP@PoetryFoundation.org

To be effective, the notification must be a written communication to the Designated Agent that includes substantially the following:

(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed 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 reasonably sufficient to permit the Foundation to locate the material;

(d) Information reasonably sufficient to permit the Foundation to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has 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; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Removal of Poems / Destruction of Copies

In the event that the Project elects to remove a poem previously published on the Website, a notice of such removal may be posted on the Website with a request that users of the Website destroy any copies of a poem so identified that a user may have made. You agree to destroy or erase any such copy, if the Project requests that you do so.

Warranty and Liability Disclaimer

THIS WEBSITE IS PROVIDED AS IS AND WITH ALL FAULTS. WE GIVE NO WARRANTIES IN RESPECT OF THIS WEBSITE WHATSOEVER.

ALL INFORMATION CONTAINED ON OR WHICH MAY BE TRANSMITTED THROUGH THIS WEBSITE IS PROVIDED WITHOUT GUARANTEES OF COMPLETENESS, ACCURACY OR TIMELINESS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE POETRY FOUNDATION DOES NOT WARRANT THAT THIS WEBSITE, OR ANY OTHERS WEBSITE THAT MAY BE LINKED TO THROUGH THIS WEBSITE, WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, DEFECTS OR HARMFUL COMPONENTS, COMPATIBLE WITH YOUR COMPUTER EQUIPMENT OR FIT FOR ANY PURPOSE.

THE POETRY FOUNDATION IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL OR EXEMPLARY, ARISING OUT OF USE, REFERENCE TO OR RELIANCE ON ANY INFORMATION OBTAINED ON OR THROUGH THIS WEBSITE.


Remedies for Misuse

You agree that any unauthorized use of the Website or its contents may cause The Poetry Foundation and Affiliates immediate and irreparable harm for which money damages may not constitute an adequate remedy. You further agree that injunctive relief, in addition to any other remedies available, may be warranted in order to enforce these Terms of Use. You further understand that unauthorized use of the Website may expose you to civil and criminal liability and that we may report violations of these Terms of Use to and cooperate fully with the appropriate law enforcement authorities concerning any violations hereof.

IN ADDITION TO ANY OTHER REMEDY AVAILABLE, YOU AGREE AND ACKNOWLEDGE THAT IN THE EVENT THAT YOU WILLFULLY BREACH ANY OF THESE TERMS, INCLUDING, BUT NOT LIMITED TO AMENDING OR MODIFYING THE CONTENT OR UNAUTHORIZED COPYING, MODIFYING, DOWNLOADING OR REPRODUCING ANY PORTION OF THE WEBSITE OR THE SOFTWARE IN VIOLATION OF THESE TERMS OF USE, THEN YOU SHALL BE LIABLE TO THE POETRY FOUNDATION FOR LIQUIDATED DAMAGES IN THE AMOUNT OF $5,000 PER VIOLATION. IN NO EVENT SHALL LIABILITY FOR LIQUIDATED DAMAGES PRECLUDE LIABILITY FOR CONSEQUENTIAL DAMAGES OR ANY OTHER REMEDY.

Governing Law

These Terms of Use, including the Privacy Policy incorporated by reference, and any claim or dispute relating to it will be governed by the laws of the State of Illinois applicable to contracts made and performed there without regard to its conflicts of law principles.

Termination

We reserve the right to terminate these Terms of Use, including the Privacy Policy incorporated by reference, at any time without notice for any reason or for no reason, including for any user's violation of any of the provisions of the Terms of Use. The Limitation of Liability and Governing Law sections of these Terms of Use shall survive any such termination.

General Terms and Conditions

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and The Poetry Foundation and Affiliates with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and The Poetry Foundation and Affiliates with respect to this Website. A printed version of this agreement and of any notice given in electronic form shall 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 originally generated and maintained in printed form.

The captions used in these Terms of Use appear solely for convenience and such captions do not constitute any part of the Terms of Use.

Any rights not expressly granted herein are reserved by The Poetry Foundation.

Contact Information

If you have any questions about this Privacy Policy, the operation of this Website, or your dealings with us, you can contact us at:

The Poetry Foundation
61 West Superior
Chicago, IL 60654
tel: (312) 787-7070
fax: (312) 787-6650
ALP@PoetryFoundation.org

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