Terms of Use, Including Privacy Statement

Notice of Revised Terms of Use: On 21 May 2010 MLA revised its Terms of Use. Most of the changes simply make the Terms of Use easier to read, but there were three substantive changes. We deleted the indemnity that required you to pay MLA for all monetary losses arising from your breach of the agreement. This deletion does not mean that you will not be responsible for damage caused by your breaching the Terms of Use; you would still be liable to pay for contract damages, but those damages would not include all the expenses that MLA might have incurred in the process, such as attorneys’ fees. MLA also deleted the provision specifying the law governing the Terms of Use and designating a particular court where any disputes must be resolved. We have added a standard disclaimer of warranties about the work and the Web site in the first paragraph under the heading “Disclaimers.”

Last Updated 21 May 2010

Before creating a personal account (“Account”) for the electronic Literary Research Guide: An Annotated Listing of Reference Sources in English Literary Studies (“Work”), published by the Modern Language Association (“MLA”), please read these terms of use (“Terms of Use”), which, together with the Privacy Statement, govern your use of the Account. The MLA will notify you by e-mail if it changes the Terms of Use, and you will be asked to agree to the revised Terms of Use before you can continue using the Account. You agree that e-mail is an acceptable method for notifying you about changes in the Terms of Use and that, for that purpose, you will notify the MLA of any change to your e-mail address.

Definition of “Authorized User”

Access to the Work is licensed to institutions (“Licensees”) for their Authorized Users. “Authorized Users” are (1) the Licensee’s enrolled students, faculty members, affiliated and visiting researchers, and regular and contract staff, all of whom may access the Work from within the library or remotely; and (2) authorized walk-in library users, who access the Work within the library or from academic facilities that permit access to library resources.

Restrictions on Use and Permissible Uses

Authorized Users are permitted to use the Work only for their own personal research and academic studies without violating U.S. copyright, obscenity, or other laws. Authorized Users are not permitted to make the Work available to any person or entity who is not an Authorized User; provide a password to anyone, even another Authorized User; archive the Work; copy or send the Work or any part of it to others, including through interlibrary loan; or hack into the Work or MLA Web site (or attempt to do so). If an Authorized User engages in a use that is not permitted, the MLA reserves the right to bar that Authorized User’s access to the Account permanently.

Confidential Information; Saved Searches and Information

MLA will maintain securely any personally identifying information about an Authorized User that it collects and any searches and annotations saved in an Account (“Confidential Information”) and will not disclose or permit use of it by anyone except the Authorized User. MLA will ensure that anyone who might have access to Confidential Information (e.g., during maintenance) will be similarly required to comply with the confidentiality requirements of this paragraph.

Disclaimers

MLA MAKES THE WORK AND THE WEB SITE AVAILABLE TO YOU “AS IS.” MLA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WORK OR THE FUNCTIONALITY PROVIDED WITH IT ON THE WEB SITE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YOU DISCLOSE THE PURPOSE TO MLA), TITLE, COMPLETENESS, TIMELINESS, OR CORRECTNESS. MLA DOES NOT WARRANT THAT YOUR ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ERRORS WILL BE CORRECTED.

MLA, its officers, directors, employees, agents, successors, and assigns will not be liable for any claim, liability, loss, damage, cost or expense (including reasonable attorneys’ fees and expenses), arising out of or relating to (i) the loss of any stored research information; (ii) the unavailability or interruption, in whole or part, of the Work or access to it; (iii) your use or misuse of the Work (whether or not you received any assistance from MLA’s employees in using the Work); (iv) your use of any equipment in connection with the Work; or (v) any delay or failure in performance beyond MLA's reasonable control.

Privacy Statement

Account Creation and Collection of Personal Information

The MLA provides Authorized Users of the Work with the ability to create an Account for saving searches and annotating research projects. This Privacy Statement describes what personal information the MLA collects as part of setting up an Account and how it is used.

To set up your Account, you must submit your name and e-mail address (“Personal Information”) and agree to abide by the Account’s Terms of Use. You must then create a password.

Use of Personal Information

The MLA may share your Personal Information with third parties contracted by the MLA to administer, maintain, or host the Work. Those third parties are bound by confidentiality agreements from disclosing your Personal Information to anyone else or using it for any purpose other than the purposes for which it was provided to them. If all or substantially all of the assets relating to the Work are sold or otherwise transferred to another entity, your Personal Information may be transferred to the acquiring entity. Finally, the MLA may also disclose Personal Information to third parties in order to comply with the law or requests by law enforcement agencies and to enforce the Terms of Use.

Use of E-Mail Addresses

The MLA will use your e-mail address to contact you about the status of your Account, to inform you about service interruptions, or to notify you of a change in the Terms of Use. The MLA will not send other notices to your e-mail address unless you opt to receive them when you first set up your account or unless you later change your account settings to opt to receive them.

Cookies

The authorization system for the Work uses cookies. A cookie is a small file that the Work’s server places on your computer’s hard drive when you first set up your Account. This cookie does not contain any personal information, but it allows the server to identify you as having successfully logged in so that you do not have to reenter your password each time you access the Work. The MLA does not use cookies to monitor which Web pages an individual visits.

You can set your browser to warn you before you accept a cookie. You can also set your browser to refuse all cookies, but if you do so, you will not be able to access your Account.

Electronic Literary Research Guide Administration

The server for the Work maintains a standard log file of visitors that automatically records your IP address or the IP address of the service you use to connect to the Internet (such as AOL). No personal information is attached to this address. The MLA and the third parties described under “Use of Personal Information” may use this IP address to diagnose problems with the server, to administer the Work, and to conduct traffic audits, but they will use it for no other purpose.

Children under Thirteen Years Old

The Work is not directed to children under thirteen years old, and the MLA does not knowingly collect Personal Information from them. If you are under thirteen years old, do not provide any Personal Information. Instead, ask a parent or guardian to contact the MLA at the e-mail address under “Questions or Comments.”

General Terms

These Terms of Use, including the Privacy Statement, are the complete agreement between you and MLA regarding use of an Account.

Questions or Comments

If you have questions or comments about these Terms of Use, including the Privacy Statement, please direct them to the MLA’s director of operations (operations@mla.org).