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Web Site Terms and Conditions of Use
Please Read Carefully
By accessing this site (the "Site"), you agree to the following Terms and Conditions.
If you do not agree, you should exit the site and not use it further. NewsBank, Inc.
("NewsBank") reserves the right to revise these Terms and Conditions at any time by
updating this posting, and also to modify or terminate any products, services, software,
applications or features on the Site at any time. All products, services, software,
applications or features available on or through this Site are subject to these Terms
and Conditions, including but not limited to the EXCLUSION OF WARRANTIES and Limitations
of Liability below.
License / Limitations on Use
Authorized Users - i.e., institutional subscribers (such as schools or libraries), or
persons
using an institutional subscriber's service with permission (such as a library patron),
or
individual visitors to this site (the "Site") who pay the applicable fee(s) to gain access
to the content available on this Site - are granted a non-exclusive, non-transferable,
limited
license to browse, search and view the content on the Site for research and other personal,
non-commercial purposes, subject to any applicable provisions in the Supplemental Terms
for
content from particular publishers. Printing and downloading are limited to the same
purposes
and to single copies of individual articles (subject to any applicable fees), and in
no event
more than an insubstantial portion of the total data available on the Site.
You may not remove any copyright, trademark or other proprietary notices from content
you
download. Nor may you distribute, modify, transmit, reuse, re-post, or use any content
from
the Site for public or commercial purposes. These limitations apply to all content on
the
Site, including but not limited to the text, images, applications, computer code, audio
and
video. Any use contrary to these limitations is a violation of the intellectual property
rights
of NewsBank and/or its contributors.
Copyright and Publishers' Rights
Unless otherwise noted, all material on the Site is copyrighted and belongs either to
the
original publisher of the archived content or to NewsBank. You agree to respect the copyrights
of the owners and to take no action that would violation such rights. Without limiting
the
foregoing, you specifically agree not to redistribute any content from this Site, or
to store
or use any content from this Site in a searchable database. Copyright violation is a
serious
offense, punishable by civil and criminal penalties.
Additional terms applicable to your viewing and use of the content furnished and owned
by any
particular publisher may appear in your applicable price schedule, the Supplemental Terms
for
that particular content, online descriptions of a particular database, or the subscription
agreement entered into by any institution (school, library, company, etc.) through which
you
gain access to the content; all such additional terms are hereby made part of these Terms
and
Conditions.
Limitations on Liability
NewsBank uses reasonable efforts to include accurate and up-to-date information and content
in the Site, but makes no warranties as to its accuracy. NewsBank assumes no responsibility
for the content furnished by any publishers, and expressly disclaims liability for any
offensive,
defamatory, or infringing content that may be furnished by a publisher for inclusion
on the Site.
NewsBank has not reviewed any sites linked to the Site and is not responsible for the
content
of any off-Site pages or any sites linked to the Site. Your access to, and use of, the
Site,
including your linking to any other off-Site pages or other sites, are at your own risk.
Any merchandise, coupons, offers, products or services offered to you through links to
the
Site are provided by third parties who are not affiliated with NewsBank. NewsBank does
not
endorse any third-party sites or any offers available through any such sites. NewsBank
has
no responsibility for any transactions and communications between you and any third party,
including but not limited to any personal information you may choose to provide to any
third party.
Exclusion of Warranties
EVERYTHING ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEWSBANK
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILIY, ACCURACY, COMPLETENESS, TIMELINESS,
AVAILABILITY OR PERFORMANCE OF ANY PRODUCTS, SERVICES, APPLICATIONS, FEATURES, INFORMATION
OR MATERIALS ON THE SITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH
ANY LINKS TO THE SITE.
Neither NewsBank nor any other party involved with the Site shall be liable for any direct,
indirect incidental, consequential, or punitive or other damages or losses of any kind
whatsoever arising out of your access to, or use of, the Site, including but not limited
to any failure of performance, error, omission, interruption, defect or computer virus,
or the deletion, failure to store, misdelivery or unavailability of any information,
material, products, services, applications or features, even if advised of the possibility
of such damages or losses. NewsBank's maximum liability to you for all claims, including
but not limited to negligence, shall in no event exceed the amount, if any, you paid
to
NewsBank for access to the content on the Site.
By using the Site, you agree to release and hold harmless NewsBank, its affiliates, officers,
directors and employees from any and all claims, demands, damages, costs and expenses
of
any kind whatsoever relating in any way to use of the Site or any materials downloaded
from this Site. Some jurisdictions do not allow the exclusion of implied warranties or
certain forms of damages, so some of the above exclusions may not apply to you.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on
the Site,
are the Trademarks of NewsBank, except as otherwise noted. All other Trademarks, publicity
rights and other rights are the property of their respective owners. You do not have
any
license or right, by implication, estoppel, or otherwise, to use any Trademark, image
or
other material displayed on the Site without the written permission of NewsBank or the
third party that may own the relevant material.
Intellectual Property Infringement Claims
NewsBank will respond promptly to any claims that infringing material appears on the
Site,
including investigating any such claims with the publishers who furnish the content for
this
Site and taking any appropriate action under applicable laws. Publishers who furnish
content
that appears on this Site represent and warrant to us that they hold the necessary rights
for
such content.
Violations
NewsBank reserves the right to pursue any and all legal and equitable remedies against
anyone
violating these Terms and Conditions, including but not limited to terminating access
to the Site.
Any failure by NewsBank to enforce any of its rights hereunder shall not be deemed a
waiver of
such rights or of any other rights.
Miscellaneous
These terms and conditions are governed by the laws of the State of Connecticut, without
regard
to principles of the conflicts of laws, and may not be modified except as expressly stated
herein.
Any disputes relating hereto or to any use of this Site shall be resolved exclusively
in the State
or Federal Courts located in the State of Connecticut, and you and NewsBank both consent
to the
jurisdiction of such courts for any such disputes. Unless otherwise specified, this Site
is made
available only to provide information about NewsBank and its products and services. NewsBank
offers this Site from its offices in New Canaan, Connecticut, USA, and makes no representation
or warranty that materials in the Site are appropriate or available for use in any other
jurisdiction. If you use this Site from elsewhere, you are responsible for compliance
with
all applicable local laws.
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