Britannica.com Premium Service Usage Agreement

Please read the following Agreement before submitting your Subscription Form. By submitting the completed Subscription Form or by using britannica.com Premium Service, you agree to all of the terms and conditions of this britannica.com Premium Service Usage Agreement ("Usage Agreement"). If you do not agree with any of the terms or conditions contained herein, please do not use the britannica.com Premium Service.

Encyclopędia Britannica, Inc. ("Britannica") reserves the right to change, modify, add or remove portions of this Usage Agreement or the terms or conditions contained herein at any time. Changes will be posted periodically on the britannica.com Premium Service in the "Usage Agreement" section. Your continued use of the britannica.com Premium Service following the posting of any changes will mean that you have accepted the changes.

1. Definitions.
The britannica.com Premium Service (the "Service") is the premium online information service provided by Encyclopędia Britannica, Inc. ("Britannica"), consisting of information services and content provided by Britannica, affiliates of Britannica, and third parties. "You" or "yours" refers to each person who establishes an authorized account ("Account") or who is authorized to access and use the Service.

2. General.
The Subscription Form, this Usage Agreement and any other Britannica policies relating to the use of the Service (collectively, this "Agreement") set forth the terms and conditions that apply to your use of the Service. By submitting the britannica.com Premium Service Subscription Form, or by using the Service, you are deemed to have agreed to comply with all of the terms and conditions of this Agreement. The right to use the Service is personal to you or members of your immediate family residing with you and is not transferable to any other person or entity. You are responsible for all use of your Account under any user ID (username) or password by any person and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You are responsible for protecting the confidentiality of your password. Britannica reserves the right to decrypt passwords for Account maintenance purposes.

3. Usage.
Your use of the Service constitutes your agreement to all of the terms, conditions and notices below in addition to the general terms and conditions contained in this Agreement. If you do not agree with these provisions, please do not use the Services. As stated above, Britannica reserves the right to change, modify, add or remove portions of this Usage Agreement at any time. Please check the "Usage Agreement" section of the Service periodically for any such changes. Your continued use of the Service following the posting of any changes will mean that you have accepted the changes.

• In General
  
  As a condition of using the Service you agree to abide by all applicable local, state, national and international laws and regulations relevant to the use of the Service including, without limitation, any applicable child privacy legislation and policies. In addition, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement (including, without limitation, any use that infringes another's copyright rights). You may not use the Service in any manner that could damage, disable, overburden or impair the Web site or any user of the Web site, or interfere with any other party's use of the Service.

• Copyright and Trademark Protection
  
  All materials contained on the Service (including, without limitation, the Web site's "look and feel," layout, design, text, software, images, graphics, video and audio content ("Materials")) are the property of Britannica, its affiliated companies or licensors and are protected by U.S. copyright, trademark and other intellectual property laws and international treaties.

• Downloading Materials
  
  You may not publish, copy, automatically browse or download, display, distribute, post, transmit, perform, modify, create derivative works from or sell any Materials, information, products or services obtained from the Service in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording or otherwise, except as expressly permitted under applicable law or as described in this Usage Agreement. You also may not engage in systematic retrieval of data or other content or Materials from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory. Nor may you "mirror" on your own site or any other server any Material contained on the Service, including, without limitation, the Service's home page or result pages. Use of the content and Materials on the Service for any purpose not expressly permitted by this Usage Agreement is prohibited.

  You may print, e-mail or download content and Materials from the Service only for personal, non-commercial use in connection with the preparation of papers, reports, presentations or scholarly uses. In all cases, you must keep intact all copyright and other proprietary notices contained in such content or Materials. This permission terminates automatically if you breach any of the provisions of this Usage Agreement. However, nothing in this Usage Agreement is intended to restrict your "fair use" of the content and Materials in accordance with applicable law.

• Third Party Web Sites
  
  Hyperlinks to other Internet resources are provided for your convenience. The editors of Britannica have selected these resources as having some value and pertinence, but such resources' development and maintenance are not under the direction of Britannica. Thus, the content, accuracy, opinions expressed and other links provided by these resources are neither verified by Britannica editors nor endorsed by Britannica.

  Because Britannica has no control over such Web sites and resources, you acknowledge and agree that Britannica is not responsible for the availability of such external Web sites or resources. In addition, you acknowledge and agree that Britannica does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Web sites or resources. Furthermore, you acknowledge and agree that Britannica will not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, products or materials.

4. Intellectual Property Rights.
You acknowledge that the Service contains copyrighted material, trademarks, and other proprietary information owned by Britannica and its licensors, and that your subscription does not confer on you any right, title or interest in or to the Service, the related documentation or the intellectual property rights relating thereto. Unauthorized copying of any portion of the Service may result in litigation under applicable copyright, trademark or other intellectual property laws or international treaties and loss of privileges granted pursuant to this Agreement.

5. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER BRITANNICA, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION: THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, AVAILABILITY, SUITABILITY, QUALITY, OR OPERATION OF ANY INFORMATION, SOFTWARE, OR SERVICE PROVIDED ON OR ACCESSIBLE FROM THE SERVICE.

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.

IN NO EVENT SHALL BRITANNICA BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, OR INABILITY TO USE, THE SERVICE, EVEN IF BRITANNICA WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM RELATED TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY ACCORDING TO JURISDICTION.

In the event any claim relating to the performance or nonperformance by Britannica pursuant to this Agreement, or in any other way concerning the Service, is made by you, the actual damages to which you may be entitled shall be limited to the fees paid by you for the Service.

6. Indemnification.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Britannica, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use or unauthorized copying of the Service or any of its content, the violation of this Agreement or any applicable laws or regulations, or arising out of your violation of any rights of a user by you or your Account.

7. Termination of Agreement.
Either party shall have the right to terminate this Agreement at any time by providing notice of termination to the other. In the event of termination of this Agreement by either party, you shall have no claims against Britannica or its affiliates. Termination of this Agreement automatically terminates your license to use the Service and any content or other material contained therein.

If you acquired an annual subscription to the Service and you terminate this Agreement within 30 days of the date of activation of your Account, you shall receive a refund of the subscription fee paid to Britannica. If you acquired a monthly subscription to the Service or if your subscription is acquired with a Promotion Certificate and you terminate this Agreement, you will not receive any refund of the subscription fee paid to Britannica. If your subscription to the Service was acquired with a Gift Certificate and you terminate this Agreement within 30 days of the date your Gift Certificate was acquired from Britannica, you shall receive either: (a) a refund of the subscription fee paid to Britannica (available only to the party acquiring your Gift Certificate from Britannica); (b) a credit towards the price of acquiring other Britannica products or services; or (c) a credit towards the future subscription fee for an existing britannica.com Premium Service subscription. If Britannica terminates this Agreement, other than as a result of your breach of this Agreement, Britannica shall refund to you a pro rata portion of the subscription fee paid to Britannica, if any, for the unexpired portion of your subscription.

8. Subscription Information; Renewals.
Subscription charges commence upon the date your Service subscription is activated and will be billed to your credit card each month (for monthly subscriptions) or year (for annual subscriptions) thereafter. You acknowledge and agree that you will not receive a bill in the mail for your subscription.

Britannica reserves the right to increase subscription fees or to institute new fees at any time upon 30 days prior notice. Changes to subscription rates and fees will be posted at https://secure.britannica.com/subscribe. Increases in subscription fees will apply to existing accounts at the time of the next renewal.

Your subscription will be automatically renewed unless you cancel prior to the renewal date. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. You may cancel your subscription online by going to the Account Maintenance area at http://account.britannica.com/. A link is provided in the Account Maintenance area that will lead you through the cancellation process.

In the event that you cancel your subscription, the unexpired portion of your subscription will not be refunded, applied to another subscription, or transferred to anyone else and is not convertible to cash or other form of credit.

Payments made as part of a monthly subscription cannot be used as credit toward annual subscription charges and are non-transferable.

You agree that you will provide a major credit or charge card (e.g., MasterCard, Visa, American Express, or Discover) that Britannica may charge for all subscription fees or other amounts payable under this Agreement. With respect to such charges, you give the following authorization:

I authorize automatic credit or charge card billing by Britannica. I agree that the charges described above will be billed by Britannica to the credit or charge card that I have provided to Britannica in my Premium Membership Account information, or otherwise when I applied for the Service. I understand that all fees and charges are nonrefundable. I agree that Britannica will not be responsible for any expenses that I may incur resulting from overdrawing my bank account or exceeding my credit limit as a result of an automatic charge made under this Agreement.

You agree to provide current, complete, and accurate information for your Account in order to receive access to the Service(s) you ordered. You agree to promptly update all Account information to keep your account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date) and you must promptly notify Britannica if your credit card is cancelled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your log-in and password. Changes to such information can be made by going to the Account Maintenance area at http://account.britannica.com. If you fail to provide EB any of the foregoing information, you agree that Britannica may assume that your credit card is either still valid or that it has been renewed and may continue charging you for the Service(s) you have subscribed to, unless you have cancelled your subscription for such Service(s).

9. Miscellaneous.
This Agreement is entire and complete, and no representations, warranties, agreements or covenants, express or implied, of any kind or character whatsoever have been made by either party to the other, except as expressly set forth in this Agreement. Except as provided herein, this Agreement may not be modified or changed unless in writing and signed by you and an authorized officer of Britannica.

You may not assign any of your rights or delegate any of your obligations under this Agreement without Britannica's prior written consent. This Agreement shall be subject to and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law rules, and any action brought in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state or federal courts located in Illinois. If any provision of this Agreement is held to be overly broad in scope or duration by a court of competent jurisdiction such provision shall be deemed modified to the broadest extent permitted under applicable law. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. The provisions of Sections 4, 5, 6, and 7 shall survive termination of this Agreement.

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