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
rates at any time. Changes to standard subscription rates
will be posted at http://secure.britannica.com/subscribe.
Increases in subscription rates will apply to existing accounts
at the time of their renewal and will not exceed the standard
subscription rate that has been in effect and posted for
at least 30 days. Reductions in the standard subscription
rate will not necessarily be reflected in your renewal subscription
rate. Customers subscribing at specially discounted promotional
rates may be subject to varying rate increases, none of
which shall exceed the standard posted subscription rate.
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. Instructions on how to cancel your subscription
are available online in the Account Maintenance area at
http://account.britannica.com/.
Cancellations should not be considered final until you have received a Cancellation Confirmation
e-mail from Britannica.
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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