Arcadian Library Online: Terms and Conditions

Introduction

Welcome to Arcadian Library Online a website located at www.arcadianlibraryonline.com (‘ALO’).

ALO is operated by Bloomsbury Publishing Plc (a company registered in England and Wales, United Kingdom ("Bloomsbury") on behalf of The Arcadian Group S.A. ("Arcadian"). You can find our contact details here. For the purposes of these terms and conditions Arcadian and Bloomsbury shall be collectively known as “We” or “Us”.

These are the terms and conditions for the use of ALO. Please read these terms and conditions carefully and make sure that you understand them before using ALO. If you do not agree to these terms and conditions, please do not use ALO.

By using ALO you are entering into a binding agreement on the basis of these terms and conditions. We may change these terms and conditions from time to time. If you continue to use ALO after any such changes take effect then you will be taken to have agreed to the revised terms and conditions. Please check these terms regularly.

1. GENERAL TERMS AND CONDITIONS

1.1 Other applicable terms

In addition to these terms and conditions, the following additional terms also apply to your use of ALO (and form part of these terms and conditions):

The ALO Privacy Policy which includes information about cookies used on this website; and
If you are accessing ALO through a library or other institution that has a paid subscription with us, the terms of our agreement with your library or other institution ("Institutional Licence Agreement").

1.2 Access to ALO

You do not have to register with us to access ALO, however your access to ALO will be restricted if you do not have an account with us. You can get access through your library or other institution if it has an Institutional Licence Agreement with us.

In order to use ALO, you must provide and maintain adequate communications and computer equipment, and obtain access to the internet directly or through devices that can access our web-based content. You are responsible for paying any and all service fees associated with such access.

1.3 Permission to use content on ALO

Access via your library/other institution: Your right to access and use content on ALO is subject to the Institutional Licence Agreement between us and your library/other institution. Please ask your library/institution if you have any questions about your permission to use content on ALO. Subject to the Institutional Licence Agreement, We permit you to access and use those portions of ALO made available to you under that Institutional Licence Agreement.

This permission is limited: in certain circumstances Bloomsbury may remove that right if the Institutional Licence Agreement allows us to do so, and this permission cannot be transferred by you to any other person. This means that you should not allow others access to content on ALO using your login details, for example.

All other access: Bloomsbury permits you to access and use those portions of ALO made accessible free-of-charge or on a trial basis to end users. This permission is limited: we may remove that right (or access to parts of ALO), and this permission cannot be transferred by you to any other person. This means you should not allow others access to content on ALO using your login details. You must not use any of the content on ALO for commercial purposes without our written permission, and you must only use the content in accordance with these terms and conditions. You may retrieve and display content from the site on a computer screen, print and copy individual pages and, subject to the next section (Respecting intellectual property rights), store such pages in electronic form.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

1.4 Respecting intellectual property rights

We require all users to respect our intellectual property rights. We likewise respect the intellectual property of others.

Our rights in the content of ALO: All content included on ALO including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, the compilation of all content on this site, and all software used on this site are the property of Bloomsbury, its authors and/or content suppliers (including Arcadian), and is protected by the laws of England and Wales, the state and federal laws of the United States of America and international copyright laws.

The "BLOOMSBURY" name and Diana archer logo, the "ARCADIAN LIBRARY" name and flower logo, and all other Bloomsbury and/or Arcadian trademarks, service marks, and trade names appearing on this site are owned by Bloomsbury, Arcadian or their licensors. You may not use these marks without our written permission (other than in the context of your use of ALO that is permitted by these terms and conditions).

Copyright notices: We post various copyright notices and copyright management information, terms of service and other legal notices as well as various credits on pages of ALO, which you may not remove even from your permitted copy.

Making sure you have permission: any reproduction, distribution, display or modification of content from this site that goes beyond the express permissions in these terms and conditions requires the express prior written permission of the Bloomsbury Permissions Department who may be contacted via: arcadianlibraryonline@bloomsbury.com.

What you must not do - You agree that you will not:

use ALO in any way to infringe the intellectual property rights of Arcadian or Bloomsbury or in any way violates any other rights of any third parties;
make any attempt to penetrate, modify or manipulate ALO (or any part of it) or any of Bloomsbury’s hardware or software in order to: invade the privacy of anyone else, to obtain any personal information (including IP addresses) of any other user of ALO, or modify, erase or damage any information contained on the computer of any user connected to ALO;
reverse engineer, disassemble, decompile, aggregate, disaggregate or obtain unauthorized access to or use of any elements or portion of ALO; or
use ALO in any way that is inappropriate, objectionable, harmful or illegal.

You must only use ALO and anything available from the site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our authors or contributors.

Certain portions of ALO are protected by various technological measures that control access to and otherwise protect the rights of Bloomsbury, Arcadian their licensors and copyright owners. Any circumvention of such measures is strictly prohibited and subject to criminal prosecution as well as civil sanctions.

Notwithstanding any copyright notices to the contrary, no copyright is claimed in the text of certain public domain documents or images available through ALO, but the selection, compilation, presentation and arrangement of such public domain materials are copyrighted by Bloomsbury and/or Arcadian, and is subject to these terms and conditions.

If you believe that our site contains elements that infringe your copyrights, please contact us by emailing legal@bloomsbury.com.

1.5 Availability, accuracy and access

We endeavour to ensure that ALO is normally available 24 hours a day; however we cannot guarantee the continuous, uninterrupted or error-free operability of ALO. Access to the site is provided on a temporary basis and we reserve the right to withdraw or amend the service without notice. This may happen, for example, for maintenance of ALO or where there is an event beyond our control such as a network failure.

We may update, modify or withdraw any particular aspect of ALO at any time. We may also impose limits on certain features and services or restrict your access to parts or all of ALO without notice. There may be times when certain features, parts or content of the site, or the entire ALO Platform, becomes unavailable or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the site, or any features, parts or content of the site.

Some products and services on ALO may not be available in all jurisdictions.

We aim to ensure that all information contained on this site was accurate at the time it was posted and we periodically update the information on this site. However, we cannot guarantee the accuracy or completeness of all information. This information is provided on an "as is" and "as available" basis. Please contact us if you have any concerns or questions relating to information on the site.

1.6 Links to and from the site

You may link to a webpage on ALO provided you do so for non-commercial purposes (which, for the purposes of these terms and conditions means otherwise than for monetary compensation) and in a way that is fair and legal and does not damage our reputation or take advantage of it. ALO must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

Links on ALO may provide access to other internet sites that are not maintained or controlled by US. We are not responsible for the content of those third party sites. These links are for your information only. Your use of any websites other than this site will be subject to the terms and conditions posted on those websites. We do not approve, endorse or verify information available at any external site.

1.7 Use of ALO

You may use material from ALO for your own personal research and private study within the boundaries of the fair use and/or fair dealing copyright defences, but not for any commercial uses, without the prior written consent of Bloomsbury.

We use cookies on ALO, you can read about them here.

To use ALO as intended please… ACCEPT COOKIES

Except as expressly permitted by these terms and conditions (or, if you are accessing ALO through your library/other institution, the Institutional Licence Agreement we have with that institution), you must NOT yourself or permit any other person to:

copy any portion of ALO;
allow or enable a third party access to ALO (or any part of it);
use ALO to develop any database or other information;
create compilations or derivative works of the materials on ALO.

We reserve all rights, including without limitation the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit and/or criminal prosecution for any alleged or actual illegal activities involving ALO, as well as the right to terminate your access to the site.

You must not misuse ALO by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to ALO or any part of it or the server on which the platform is stored. You must not attack the site via a denial-of-service attack or a distributed denial-of-service-attack.

1.8 Passwords and Security

It is your responsibility to ensure that your login details for ALO, as well as your Shibboleth, Athens or other institutional login details (if you are accessing ALO via a library or other institution requiring logins) are kept secure and secret at all times.

You are fully responsible for the use and protection of these login details. Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your login details will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

You must notify us immediately of any unauthorized use of your account or any breach of security, including, without limitation any unauthorized use of your login details. If you are accessing ALO via a library or other institution, you must also contact your library/other institution to make them aware of the breach of security.

If we have reasonable grounds to suspect that the security of your login details has been compromised, we have the right to suspend your account. We are not responsible for any losses incurred in connection with any misuse of your login details.

1.9 Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

for death or personal injury caused by our negligence;
for fraudulent misrepresentation; or
for any other liability that, by law, may not be limited or excluded.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of ALO and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded.

We cannot and do not guarantee that any content of ALO will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control.

We shall not be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the site or the services (even if We have been advised of the possibility of such damages). Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

But, to the extent the above limitations of liability are, in whole or in part, held to be inapplicable or unenforceable for any reason, then our aggregate liability for any reason and upon any cause of action (including, without limitation, negligence, strict liability and other actions in contract or tort) arising out of or in any way related to ALO, the services offered via ALO or these terms shall be limited to two hundred fifty US Dollars (US$250) if you are a customer in any other part of the world outside the European Union.

1.10 Applicable Laws

The substantive laws of England and Wales will govern any dispute arising under these terms and conditions, without regard to any conflict of legal provisions, unless the terms of your ALO Institutional Licence Agreement and/or End User License (if applicable) state otherwise.

1.11 If you access ALO outside the European Union

You may not assert any claim or cause of action arising out of or relating to your use of ALO more than one year after the date such claim or cause of action arose.

1.12 Notices and communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by you to us must be given to Bloomsbury via email here.

We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter, unless the terms of your ALO Institutional Licence Agreement and/or End User License (if applicable) state otherwise.

1.14 General

You may not transfer or assign any or all of your rights or obligations under these terms and conditions.

If we fail to enforce any of our rights, that does not result in a waiver of that right. If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions (including any Institutional Licence Agreement) and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these terms and conditions.

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of these terms and conditions, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these terms and conditions, or any of our rights or obligations arising under it, at any time.

1.15 Contacting Us

Please contact The Arcadian Library Online c/o Bloomsbury Publishing Plc at our registered offices at 50 Bedford Square, London, WC1B 3DP, England, United Kingdom, or via email on: arcadianlibraryonline@bloomsbury.com.

Bloomsbury Publishing Plc is a company registered under the laws of England and Wales with company registration number: 984336.