Terms of Service
Last Updated: November 7, 2007
Exact Editions Limited welcomes you to Exact Editions Service (the "Service"), our digital publishing system. These are our terms and conditions (the "Terms") for use of the Service, which you may access in several ways, including but not limited to the World Wide Web, PDA, and mobile phone. These Terms apply whenever you access the Service, on whatever device, and regardless of how you access it.
By using the Service, you are deemed to have accepted these Terms.
Some areas of the Service require registration. By completing the initial registration form and by entering your email address and password, you will be deemed to have accepted these Terms.
If you have registered with us and subsequently change your details, you should immediately notify us of any changes through the form on your account's preferences page.
Any changes we make to the Terms will be reflected on this page.
When you register, you are registering as a personal user of the Service. Access to registration areas is via your email address and password.
We allow you access to the registration areas of the site on the condition that:
- your email address and password are personal to you and may not be used by anyone else to access the Service;
- you will not assist anyone who is not a registered user to gain access to any registration area of the Service, and
- you comply with these Terms.
If, for any reason, we believe that you have not complied with these requirements, we may, at our discretion and without advance notice, cancel your access to the registration areas of the Service.
2. Termination of registration
If we wish to bring your access to an end, we will notify you at the email address you have used to register. Your email address and password will thereupon become invalid on the Service.
3. Institutional Access
Institutional Subscriptions are available to educational and other institutions for some of the content and services provided by Exact Editions. Authorised users within those institutions are required to observe the same limitations of usage and content access as individual registrations. Authorised users are limited to full-time employees of the subscribing institution and, in the case of educational institutions, registered students, faculty members and scholars.
4. Termination of subscription
Some Services are supplied in return for paid subscriptions. Content made available through paid subscriptions may not be available to the user beyond the term of the subscription.
5. Use of material appearing on the Service
"Material" means text, video, graphics and sound material, as well as material in other formats, distributed through the Service, whether owned by Exact Editions Limited or a third party.
You may download and print extracts from the Material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the Material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or any substantial part of the Material.
You must not spider or systematically/mechanically interrogate the Service without our advance written permission.
You must not reproduce any part of the Service or the Material, transmit it to or store it in any other website or disseminate any part of the Material in any other form, nor may you make any derivative works therefrom, unless we have indicated in writing in advance that you may do so.
6. Disclaimer; Limitation of liability
To the extent permitted at law, neither we nor our licensors accept any responsibility for any statement or omission in the Material. The Material is not a substitute for specialist professional advice. Nothing in the Material is provided for any specific purpose or at the request of any particular person.
For the avoidance of confusion, neither we nor our licensors will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Material or any part of it (except for death or personal injury attributable to our negligence, to the extent we or our licensors are not permitted by law to disclaim such liability).
Neither we nor our licensors are liable for any indirect, special, consequential, incidental damages, including but not limited to lost data or lost profits, even if we have been advised of the possibility of such damages. Our liability and that of our licensors for damages under these Terms shall in no event exceed the amount paid by you, if any, for the services as to which the claim arose. The parties agree to the allocation of liability which is set forth herein.
THE SERVICE AND MATERIALS ARE PROVIDED "AS IS". NEITHER WE NOR OUR LICENSORS GIVE ANY WARRANTIES OF ANY KIND CONCERNING THE SERVICE OR THE MATERIAL, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Neither we nor our Licensors warrant that the Service or Materials are virus free. You must take your own precautions in this respect.
You can access other sites via links from the Service. These sites are not under our control and we are not responsible in any way for their content.
8. Third party material on the Service
You will see advertising material submitted by third parties on the Service. Individual publications and their advertisers are solely responsible for the content of advertising material which they submit to us, including ensuring that it complies with relevant legislation. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted in section 12 below.
10. Force majeure
Although we will use reasonable commercial efforts to provide constant, uninterrupted access to the Service we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
11. Governing Law & Jurisdiction
These Terms are governed by English law and the parties agree to submit to the exclusive jurisdiction of courts in London.
12. Details of Variations:
These Terms of Service are an update from the Terms of Service dated November 25, 2005. The revisions were motivated by the expansion of the Exact Editions service to include books and other printed assets, whereas the original service focused exclusively on magazines. Further, the Exact Editions Service now supports institutional access.