Terms of Service

Agreement between
Pressbooks Creator and
JMU Libraries

I. Purpose

The purpose of this agreement is to highlight key considerations of the Pressbooks platform and to grant JMU Libraries a non-exclusive distribution license, under certain conditions. Please reference the JMU Libraries Pressbooks Guidelines for additional details and important information.  

II. Definition(s)

PressbooksEDU (‘Pressbooks”): self-publishing platform for books and book-length publications.   

III. Limitations of Software and Hardware  

The publication is entirely dependent on the Pressbooks environment and application, which has inherent limitations, including:  

  • The inability for a co-author or contributor to access the JMU Pressbooks platform if they are not affiliated with JMU 
  • Updates and Terms of Service may be changed (with notice) by Pressbooks at any time.  
IV. Creators’ responsibilities under this agreement 

Creators shall:  

  • If the site owner leaves JMU, they will advise JMU Libraries Pressbooks administrators on whether the publication can be deleted or will be transferred to another JMU employee. If an owner cannot be identified after such efforts, JMU Libraries reserves the right to delete the publication. 
  • Acceptable Content: Creators affirm that included content does not infringe upon any third-party’s copyright. See User-Contributed Content in JMU Libraries Systems and JMU Policy 1107 for content requirements. Consulting with the JMU Libraries copyright librarian is recommended for those incorporating works from other creators.  
  • Compliance with other relevant JMU and Libraries Policies:  The presentation of research involving human subjects, including oral histories, interviews, and survey results should comply with JMU’s IRB Policies. 
V. The Library’s Responsibilities under this agreement 

The Library shall: 

  • Maintain JMU’s contract with Pressbooks as long as it supports Libraries and Universities’ needs and goals and is financially viable. 
  • To the extent possible, communicate to Creators in advance about changes to the Pressbooks service that would affect site availability.  
VI. Archive and Preservation

Should JMU terminate the contract with Pressbooks, all data will be made available for electronic retrieval for 30 days and then deleted. It is advised that users deposit their work in the JMU institutional repository, Scholarly Commons, for preservation and long-term access purposes.  

VII. Ownership 

The creator is the owner of the publication, whether in physical or electronic format.  The Library is custodian of the publication while it resides on Library-supported infrastructure.  

VIII. License 

NON-EXCLUSIVE DISTRIBUTION LICENSE FOR JMU LIBRARIES PRESSBOOKSEDU PLATFORM 

By agreeing to this license, you (the “author” or “copyright owner”) grant to James Madison University Libraries (JMU Libraries) at James Madison University (JMU) the non-exclusive right to reproduce and distribute the Content designated as “public” on the Pressbooks platform, solely for the purpose of displaying, distributing, and promoting your book. 

JMU acknowledges that this is a non-exclusive license; any copyrights in the submission remain with the author or other copyright holder/s and subsequent uses of the submitted material by that person(s) are not restricted by this license. 

The author represents that the content covered by this license is his/her original work and that he/she has the right to grant this license to JMU Libraries at JMU. The author further represents that the content does not, to the best of their knowledge, infringe upon any third-party’s copyright. If the submission contains material for which the author does not hold copyright the author represents that they have obtained unrestricted permission by authorization of the copyright holders, or by operation of the law, and that such third-party material is clearly identified and acknowledged within the text or content of the submission. In the event of a subsequent dispute over the copyrights to material contained in this submission, the author agrees to indemnify and hold harmless JMU and its employees or agents for any uses of the material authorized by this license. 

If the submission is based upon work that has been sponsored or supported by any agency or organization other than James Madison University, the author represents that he/she has fulfilled any right of review or other obligation required by contract or agreement with the supporting entity. 

James Madison University Libraries will take all reasonable steps to ensure that the author’s name remains clearly associated with the submission and that no alterations of the content are made. 

Created November 2020.