End-User License Agreement and Takedown Policy


This website ("Site") is owned and operated by The Gale Group, Inc. ("Gale"). By accessing or using the Site, you agree to be bound by the terms and conditions below ("Terms and Conditions"). These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use this Site.

Gale reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes. Gale, in its sole and absolute discretion, may at any time modify the Site, including but not limited to the price and the content provided on the Site, with or without notice to you. Gale may remove content in whole or in part in the event that such content is determined to infringe on any third party rights and/or in the event of an allegation of such infringement

Registration

When you register with the Site, we will open up a registered user account that shall allow you to view and purchase content or specific titles available by download with a 24-hour pass or a 7-day pass, subject to the prior paying of a fee or charge for the right to access and view said content. When you register, you represent that you are providing complete and accurate information about yourself, including accurate and up-to-date billing information and that you are over the age of eighteen (18). You agree to keep this information up-to-date. You are responsible for all activities under your registered user account, including all legal liability incurred from the use of your account by others. You are responsible for keeping your password confidential. You may not use the Site in any way that is unlawful or is in violation of these Terms of Use, guidelines or any policies posted on the Site.

Subscription Information

7-day Subscription: gives you flexible online access to search articles spanning all of British Newspapers; you can select and download 200 articles in PDF format from across the collection of the British Newspapers. Your Subscription will remain active for seven (7) full days following receipt of your approved application/payment during which time you will maintain full access to all of your downloaded articles and may select new articles with any unused portion of your Subscription. Access will be terminated if these limits are exceeded.

24-hour Subscription: with a 24-hour pass, you can select and download 100 articles in PDF format from across the collection of British Newspapers. Your Subscription will remain active for 24-hours following receipt of your approved application/payment during which time you will maintain full access to all of your downloaded articles and may select new articles with any unused portion of your Subscription. Access will be terminated if these limits are exceeded.

Conditions: Online access to British Newspapers articles has a download cap equal to the quantity of downloads described above.

License Grant

All content in this Site, including without limitation site layout, design, images, programs, text and other works identified by title (collectively, the Downloaded "Content"), is the property of Gale and their affiliated companies or licensors and is protected by copyright and other intellectual property laws. Subject to your compliance with these Terms of Service, Gale hereby grants you a limited, non-sublicensable, non-exclusive, nontransferable license to use Content (subject to the restrictions noted below) purchased by you through the Site for your own personal, noncommercial use. Except as expressly provided for herein:

  1. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions. You further agree that at no time you will cause or enable any person to access, view, receive or otherwise use any portion of the Content, directly or indirectly, without first paying a fee for such access and viewing, except as provided for herein.

  2. You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Gale.

  3. The Site may contain robot exclusion headers, and you agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to access, search, index, monitor or copy any Content, including but not limited to harvesting other's postal or email addresses from the Site for purposes of sending unsolicited or unauthorized commercial material, is prohibited. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to Cengage Learning, Inc., 200 First Stamford Place, Stamford, CT 06905, Attention: General Counsel.

  4. You may not use the services on the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Gale may at any time exercise editorial control over the Content of any information or material that is submitted or distributed through its facilities and/or services.

  5. You may not, without the approval of Gale, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.

Payment and Billing

Subject to the terms and conditions of this Site, you agree to pay the applicable fees and charges for purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. In additional certain promotional offers and discounts may apply to first time purchasers only. All purchases for Content and all subscriptions are final and nonrefundable.

We will disclose your payment terms at the time you make purchases from the Site; you can also review your payment terms from time to time by visiting the "Help" or "My Stuff" area on the Site.

You must select a payment method to pay us for any purchases you make from us. Every time you use the service, you reaffirm that:

(i) We or our authorized billing agents are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment and; (iii) you will be responsible for such charges, even if your membership is canceled or terminated.

YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including without limitation your children, family or friends). We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the Site and apply those charges to your next billing cycle.

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank or Credit Card Company. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

Delivery

Gale shall deliver the Content to you electronically during the period of access purchased by you. If you experience a problem accessing the full allocation of articles under your 24-hour or 7-day pass due to system outages, please contact BLSupport@cengage.com for an extension of your subscription.

Ownership

You agree that the Content made available via this Site is the sole and exclusive property of Gale and/or its licensors, as applicable, and you agree not to infringe or violate the copyrights and other proprietary rights therein. Ownership of all copyrights and other proprietary rights in the Content is retained by Gale and its licensors. Except as expressly provided herein, Gale does not convey (and you do not obtain) any rights in the Content or any data or materials utilized or provided by Gale in connection with this Site. All rights not granted hereunder are expressly reserved to Gale and its licensors and information and content providers.

Trademarks

All trademarks appearing on this Site are the property of their respective owners.

Links to Other Sites

This Site may contain hyperlinks to other sites or resources that are provided solely for your convenience. Gale is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Gale. Because Gale is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

Disclaimer of Warranties and Liability

Neither Gale, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH GALE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. If the Content contained on this site contains medical or health sciences information, it is intended for professional use within the medical field. No suggested test or procedure should be carried out unless, in the reader's judgment, its risk is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses and drug dosages should be made. Discussions, views, and recommendations as to medical procedures, products, choice of drugs, and drug dosages are the responsibility of the authors.

NEITHER GALE NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL GALE, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. GALE AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Gale neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system.

Term and Termination

This Agreement shall begin upon confirmation of registration and shall remain in effect (unless terminated earlier as provided below) during the access period purchased by you. All terms relating to copyright, re-distribution, grant of license, and sublicensing (as described above in the sections titled “License Grant” and “Ownership”) shall survive this Agreement in perpetuity. You may renew this Agreement for additional terms so long as at the time of such renewal you are not in default of the terms herein. This Agreement may be terminated by Gale for cause immediately if you materially breach any material provision of this Agreement.

Systems Reliability

Gale aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God, or routine maintenance, availability may be limited and/or information may be lost. Gale shall not be liable for lost information or non-availability of the services.

Indemnification

You hereby agree to indemnify, defend and hold Gale, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from your use of the Site or Content.

Governing Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York in the United States of America without reference to conflict of law principles hereunder. Any dispute arising under this Agreement shall be resolved in the state or federal courts of New York County, New York, and each party hereto waives any objection to venue and hereby submits to the personal jurisdiction of such courts.

Notice and Takedown Policy

If you are a rights holder and you believe that you have found material on the Site for which you have not given permission, or are not covered by a limitation or exception under law, please contact us in writing stating the following:

  1. Your full contact details including telephone, mailing address, and email address

  2. The full bibliographic details of the material

  3. The exact and full url where you found the material

  4. Proof that you are the rights holder and a statement that, under penalty of perjury, you are the rights holder or are an authorized representative

  5. Contact Details for reaching us:

    Notice and Takedown
    Cengage Gale Publishing
    27500 Drake Road
    Farmington Hills, Michigan 48331
    United States of America

Upon receipt of notification the “Notice and Takedown” procedure is then invoked as follows:

  1. The website manager will acknowledge receipt of your complaint by email or letter and will make an initial assessment of the validity and plausibility of the complaint.

  2. Upon receipt of a valid complaint the material will be temporarily removed from the website pending an agreed solution.

  3. The website manager will contact the contributor who deposited the material, if relevant. The contributor will be notified that the material is subject to a complaint, under what allegations, and will be encouraged to assuage the complaints concerned.

  4. The complainant and the contributor will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:

    • The material is replaced on the website unchanged.
    • The material is replaced on the website with changes.
    • The material is permanently removed from the website.

  5. If the contributor and the complainant are unable to agree upon a solution, the material will remain unavailable through the website until a time when a resolution has been reached.