IPA SOURCE TERMS & CONDITIONS OF USE

Use of any IPA Source products and services is subject to these Terms and Conditions of Use, last modified 4/7/2025.

The IPA Source Terms and Conditions of Use govern the relationship between IPA Source LLC and Subscriber.  Subscriber acknowledges that IPA Source may amend the Terms and Conditions at any time by publishing the amended terms and Conditions on the IPA Source LLC website at the URL https://www.ipasource.com, which amended Terms and Conditions will be binding on Subscriber. Any amendment to the IPA Source Terms and Conditions will be published at least 30 days prior to its effective date.

1. LICENSE AND DEFINITIONS

1.1 License Grant. IPA Source LLC (“IPA Source”) hereby grants to the Subscriber a non-exclusive, non-transferable right and license to use IPA Source products and services (“Licensed Products”) at the specific location(s) or campus(es) for which the subscription has been purchased, subject to the terms and conditions of these Terms of Use. For institutions with multiple campuses in geographically separate cities, a separate license is required for each campus.

1.2 Definitions. For the purposes of these Terms of Use, the following definitions shall apply:

  • Authorized User:
    • For Individual Subscriptions, the individual Subscriber is the only Authorized User.
    • For Institutional Subscriptions, Authorized Users are full-time and part-time students, faculty, and staff of the Subscriber affiliated with the Subscriber’s location(s) or campus(es) for which a license has been granted, and individuals using computer terminals within the library facilities at those location(s) or campus(es), permitted by the Subscriber to access the Licensed Products through the Subscriber’s secure network.
  • Individual Subscriber: A user who has registered for and accesses the Licensed Products under their own individual account.
  • Institutional Subscriber: An organization (e.g., university, college, library) that has subscribed to the Licensed Products for use by its Authorized Users at specific location(s) or campus(es).
  • Licensed Products: IPA Source products and services, including but not limited to the IPA Source database of opera arias, art songs, and Latin texts, along with translations and transcriptions.
  • Sites: The specific physical location(s) or campus(es) of an Institutional Subscriber covered under a single license agreement.
  • Subscriber: Refers to either an Individual Subscriber or an Institutional Subscriber, as applicable.
  • Texts: A single item from the IPA Source database of opera arias, art songs, and Latin texts, along with its translations and transcriptions.

2. AUTHORIZED USES

2.1 General Authorized Uses. Subscribers and their Authorized Users (where applicable) may:

  • 2.1.1 Access, search, browse, and view the Licensed Products.
  • 2.1.2 Create links to individual translations/transcriptions on the Subscriber’s secure websites.
  • 2.1.3 Create permalinks to individual translations/transcriptions.
  • 2.1.4 Reproduce Licensed Products in non-electronic perceptible forms, such as audio or Braille, to accommodate Authorized Users with disabilities in accordance with the IPA Source Accessibility Statement detailed at https://www.ipasource.com/accessibility/
  • 2.1.5 Print Licensed Products, with the following exceptions: Printing is permitted for Institutional Subscribers and their Authorized Users, and for Individual Subscribers, but is not permitted for users who have purchased individual Texts or Credit Packs.

3. RESTRICTIONS ON USE

3.1 General Restrictions. Except as expressly permitted in these Terms of Use, Subscribers and their Authorized Users may not:

  • 3.1.1 Download Licensed Products.
  • 3.1.2 Electronically transmit or otherwise deliver Excerpts to any persons other than Authorized Users of an Institutional Subscriber.
  • 3.1.3 Create any derivative work (course-packs or other derivative materials) based on the Licensed Products without the prior written permission of IPA Source. Please contact us for prior written permission. Please contact us for prior written permission.
  • 3.1.4 Modify Excerpts in any way, including removing, obscuring, or modifying any copyright notices, watermarks, or other disclaimers as they appear in the Licensed Products.
  • 3.1.5 Substantially or systematically reproduce, retain, or redistribute the Licensed Products.
  • 3.1.6 Host or store the database or portions thereof on any external service (examples include, but are not limited to Ex Libris, Alma, LOCKSS, or any other type of Library Management System solution whether used on-premise, through private external hosting, or Cloud).

3.2 Additional Individual Subscriber Specific Restrictions. In addition to the general restrictions outlined in Section 3.1, Individual Subscribers may not:

  • 3.2.1 Distribute, resell, or re-post IPA Source Texts to other individuals or organizations either by electronic or physical means, which is grounds for account suspension and possible legal action.
  • 3.2.2 Share login credentials with others.  Sharing of login credentialsconstitutes grounds for account suspension and possible legal action.
  • 3.2.3 Retain Licensed Products accessed during the period of subscription if the Individual Subscriber chooses not to renew their subscription.
  • 2.4 Individual Subscribers may not share their login credentials or share our content with anyone else. The Licensed Products are for their exclusive use and study. Failure to observe these requirements may result in suspension, forfeiture of subscription, and possible legal action.

4. INSTITUTIONAL SUBSCRIBER OBLIGATIONS

4.1 Authorized Access. Access to the Licensed Products for Institutional Subscribers shall be authenticated by the use of Internet Protocol (“IP”) address(es) indicated by the Subscriber. Access to the Licensed Products by Authorized Users through a proxy server, Shibboleth, OpenAthens, or similar means is allowed. The setup and maintenance of such service is the sole responsibility of the Subscriber.

4.2 Protection from Unauthorized Access and Use. The Institutional Subscriber shall:

  • 4.2.1 Use reasonable efforts to ensure that access to and use of the Licensed Products is limited to Authorized Users and use reasonable efforts to inform Authorized Users of the usage restrictions set forth in these Terms of Use.
  • 4.2.2 Use reasonable efforts to ensure that any passwords used to access the Licensed Products are issued only to Authorized Users and use reasonable efforts to inform Authorized Users that they are not to divulge any passwords to any third party.
  • 4.2.3 Immediately upon becoming aware of any unauthorized use of the Licensed Products, inform IPA Source and take appropriate steps to ensure that such activity ceases and to prevent any recurrence.
  • 4.2.4 Promptly notify IPA Source of any material changes in the number of Authorized Users at each licensed Site, which changes may require adjustments to the subscription fees.

In the event of any unauthorized use of the Licensed Products, the Licensor may suspend access of the IP address(es) from which the unauthorized use occurred upon notice to the Subscriber.

4.3 Payment Terms.

  • Institutional Subscription fees are published on the IPA Source website. Please contact us with any questions.
  • All fees are stated and payable in United States Dollars.
  • Subscription fees are non-refundable, except as expressly stated in these Terms of Use (Section 7.3 regarding withdrawal of content).

5. PAYMENT TERMS

5.1 General Payment Terms

  • All payments are final and non-refundable.
  • All prices are stated and payable in United States Dollars.
  • IPA Source does not accept checks. Further information about this policy can be found here: https://www.ipasource.com/effective-january-1-2025-ipa-source-will-no-longer-accept-paper-checks-here-is-why/

5.2 Individual Subscriber Payment Methods

  • Individual Subscribers may make payments using the following methods:
    • Credit Card
    • Apple Pay
    • Google Pay
    • PayPal

5.3 Institutional Subscriber Payment Methods

  • Institutional Subscribers may make payments using the following methods:
    • ACH (preferred)
    • Credit Card
    • International Bank Transfer (a $25 USD administrative fee applies)
    • PayPal
    • Paymerang
    • Paymode-X
    • WT Cox
    • Harrassowitz
    • EBSCO
    • HELIN Consortium

6. USE & REPRODUCTION OF LICENSED PRODUCTS

6.1 Reproduction of Licensed Products in a Printed Concert Program

If you are a student organizing a free event as part of your studies, IPA Source grants permission for you to reproduce Licensed Products in your printed concert program using the appropriate credit, free of charge. Refer to our Legal Notice page for additional information: https://www.ipasource.com/legal-notice/

Specifically, please use our web address https://www.ipasource.com/ , the name IPA Source LLC, credit the author, Bard J. Suverkrop, indicate our Library of Congress ISSN ([ISSN]), and note the copyright (noted at the bottom of each work) of the Text, when the material is used at public venues. In all cases, the watermark must remain intact on the Text.

Citation styles vary, so please consult your university’s or venue’s citation requirements or guidelines.

A sample citation is: Suverkrop, Bard J. IPA Source LLC, [Date]. https://www.ipasource.com/. Library of Congress ISSN [ISSN].

6.2 Usage of Individual Licensed Products or Bundles

Individual texts included in the Licensed Products (“Text”) are for the sole use of a single individual in their personal studies. In all cases, the watermark must remain intact on the Text.

The distribution, resale, or re-posting of Texts to other individuals or organizations either by electronic or physical means is not allowed.

Sharing login credentials with others is grounds for account suspension and possible legal action (as stated in Section 3.2.2).

Purchased individual Texts are accessible from [link to my-account page] for as long as you retain the IPA Source Account created at the time you purchased the Text.

Texts that are part of a Credit Pack must be selected within 365 days of the date of purchase of the Credit Pack. Once the individual text is selected, it is accessible from [link to my-account page] for as long as you retain the IPA Source account created at the time you purchased the Credit Pack.

Content accessed during the period of subscription may not be retained if you choose not to renew their subscription (as stated in Section 3.2.3).

6.3 IPA SOURCE POLICY REGARDING FAIR USE

IPA Source content, including translations and transcriptions of opera arias, art songs, and Latin texts, is protected by copyright law. These materials are the result of significant intellectual effort and are the exclusive property of IPA Source. Unauthorized distribution, sharing, or systematic reproduction of IPA Source content, including but not limited to posting on public websites, sharing through file-sharing services, creating course packs, or any other form of distribution beyond personal, individual use, is a violation of our copyright and is not considered fair use.

IPA Source takes the protection of our intellectual property seriously. Any unauthorized use of our copyrighted material may result in loss of access, forfeiture of subscription, and legal action. IPA Source encourages Subscribers to access our materials through our official platform and to respect our published Terms and Conditions. If you have any questions about what constitutes permissible use or would like to request permission for specific uses of our material, please contact us directly. IPA Source personnel are happy to discuss legitimate educational or research needs.

The Subscriber acknowledges that all right, title and interest in and to the Licensed Products remain with the Licensor and that the unauthorized distribution of the Licensed Products could materially harm the Licensor. Any use of an Excerpt at public venues should be accompanied by our web address (https://www.ipasource.com), the name IPA Source LLC, credit the author, Bard J. Suverkrop, indicate our Library of Congress ISSN and note the copyright (noted at the bottom of each work) of the Excerpt. In all cases, the watermark must remain intact on the Excerpt. Citation styles vary, so please consult requirements or guidelines. A sample citation is: 

Suverkrop, Bard J. IPA Source LLC, July 27, 2021. https://www.ipasource.com.

Library of Congress ISSN 2771-876X

7. IPA SOURCE PERFORMANCE OBLIGATIONS

7.1 Access to Licensed Products.

IPA Source will make the Licensed Products accessible to the Subscriber and its Authorized Users from the World Wide Web address set forth on Schedule 1 or as may be otherwise set forth herein.

IPA Source only guarantees on-campus access to Licensed Products for Institutional Subscribers. An Institutional Subscriber may provide the single address of their off-campus proxy server and IPA Source will add it as a professional courtesy. It is Subscriber’s responsibility to configure their proxy server software.

7.1.1 Accessibility.

IPA Source shall comply with the Americans with Disabilities Act (ADA), by supporting assistive software or devices such as large print interfaces, text-to-speech output, voice-activated input, refreshable braille displays, and alternate keyboard or pointer interfaces, in a manner consistent with the Web Accessibility Initiative Web Content Accessibility Guidelines 2.0 AA (http://www.w3.org/WAI/guid-tech.html)). IPA Source shall ensure that product maintenance and upgrades are implemented in a manner that does not compromise product accessibility. IPA Source shall provide to Subscriber a current, accurate completed Voluntary Product Accessibility Template (VPAT) to demonstrate compliance with accessibility standards (https://www.itic.org/policy/accessibility). If the product does not comply, IPA Source shall adapt the Licensed Materials in a timely manner and at no cost to the Subscriber in order to comply with applicable law. Nothing in these Terms of Use shall limit the Subscriber or any end user from making lawful, non-infringing uses to facilitate access to the Licensed Materials by users who have disabilities. For the avoidance of doubt, IPA Source authorizes such uses. The IPA Source Accessibility Statement is here.

7.2 Quality of Service.

IPA Source shall use reasonable efforts to provide the Licensed Products with a quality of service consistent with industry standards, specifically, to provide continuous service with an average of 95% up-time per month, with the 5% down-time including scheduled maintenance and repairs performed at a time to minimize inconvenience to the Subscriber and its Authorized Users, and to restore service as soon as possible in the event of an interruption or suspension of service.

7.3 Withdrawal of Content.

IPA Source reserves the right to withdraw from the Licensed Products content that it no longer retains the right to license or that it has reasonable grounds to believe is unlawful, harmful, false, or infringing. If the withdrawal represents more than fifteen (15%) percent of the content comprising the Licensed Products, IPA Source shall refund to the Subscriber the amount of the Fees that is proportional to the amount of content withdrawn and the remaining unexpired portion of the period for which the Fees were paid.

7.4 Usage Data Reports for Institutional Subscribers.

The Licensor will make usage data reports on the Institutional Subscriber’s usage activity available through a secured link on the IPA Source web site. Licensor and Institutional Subscriber agree to maintain the confidentiality of any data relating to the usage of the Licensed Content by Institutional Subscriber and its Authorized Users. Such data may be used solely for purposes directly related to the Licensed Content and may only be provided to third parties in aggregate and anonymized form. Raw usage data including but not limited to information relating to the identity of specific users and/or uses, shall not be provided to any third party.

8. TERM

The initial term of these Terms of Use shall be one year from the date of subscription.

9. IPA SOURCE WARRANTY

9.1 Warranty.

IPA Source warrants that use of the Licensed Products in accordance with the terms and conditions herein will not infringe the intellectual property rights of any third party under United States copyright law.

9.2 Disclaimer.

EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IPA SOURCE PROVIDES THE LICENSED PRODUCTS “AS IS.” While every effort is made to provide accurate texts, IPA Source does not warrant that the Licensed Products are error-free and expressly disclaims any liability for any errors, inaccuracies, omissions, or defects contained therein. IPA Source makes no representation or warranty and expressly disclaims any implied or express warranty as to merchantability or fitness for a particular purpose.

9.3 Limitation of Liability.

Except for the express warranty stated herein and to the extent permitted by applicable law, in no event shall IPA Source be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of or in connection with these Terms of Use, or shall the liability of IPA Source to the Subscriber exceed a sum equal to the Fees paid by the Subscriber hereunder, even if IPA Source or Subscriber has been advised of the possibility of such liability or damages.

10. LINKS TO OTHER WEBSITES

IPA Source’s website and Licensed Products may contain links to third-party websites or services that are not owned or controlled by IPA Source. IPA Source has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Subscriber acknowledges and agrees that IPA Source shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods, or services available on or through such third-party websites or services. IPA Source strongly advises that Subscriber read the terms and conditions and privacy policies of any third-party websites or services that you visit.

11. GOVERNING LAW – STATE OF OHIO

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard to the conflict of laws provisions in such state. Any disputes arising under these Terms of Use between the Parties shall be decided by a court of competent jurisdiction in Scioto County.

12. AMENDMENT OF TERMS AND CONDITIONS

IPA Source may, at any time, and at its sole discretion, modify these Terms of Use, including its Privacy Policy, with or without notice to the User. Any such modification will be effective within 30 days of its public posting. A Subscriber’s continued use of our Service and this Site following any such modification constitutes acceptance of these modified Terms.

13. NOTICES

All notices given pursuant to this Agreement shall be delivered to the party to whom such notice is directed at the following addresses:

If to IPA Source: to IPA Source LLC, c/o Bard Suverkrop, IPA Source LLC, PO Box 292, Portsmouth, OH 45662 USA or to support@ipasource.com.

If to the Subscriber: to the physical address or e-mail address provided by Subscriber during account sign up.