By accessing the Website, you agree to the following terms and conditions (the “Terms and Conditions” or “Agreement”). You are legally bound by this Agreement, which is between you and Archive Digital, Ltd. The Agreement defines your rights and responsibilities as a user ("User") of the Websites, which are operated by Archive Digital, Ltd. or its subsidiaries (together, and with their parent corporations, other subsidiaries and affiliates, “Archive Digital,” “we,” or “us”).
The Websites are operated from United Kingdom. Access to the Websites is governed by these Terms and Conditions under the laws of United Kingdom. Registration as a User on the any of the Website results in your information being stored and processed in the United Kingdom, and you specifically consent to Archive Digital storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. Users of the Websites can communicate with other Users in order to collaborate and exchange historical information and/or images (together with the Users of the Website and other websites and platforms owned by Archive Digital or its affiliate companies.”).
The Website and Services provided herein are intended for adults. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor’s actions. These Terms, including all terms, conditions and policies incorporated herein by reference, together with any legal notices published on the Website, shall constitute the entire agreement between you and Archive Digital concerning the Website. If you don't agree with any of these Terms, or if you have any objections to our you must not use the Services or the Website.
2. Your Use of the Websites
The Website contain text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the “Content”). All Content is owned, licensed to and/or copyrighted by Archive Digital and may be used only in accordance with this Agreement. The Website is also protected by copyright as a collective work and/or compilation, pursuant to United Kingdom copyright laws, international conventions, and other copyright laws.
The trademarks, service marks and logos contained in the Website are owned by or licensed to Archive Digital. Archive Digital and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Website. All Content on the Website, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Website. We attempt to ensure that all Content on the Website is complete and accurate.
Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Website is complete, accurate, reliable or error-free. You may access the Website only personally with an individual browser and use the Content only for personal research, and download Content only as search results relevant to that research or where expressly permitted by Archive Digital. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Online or other republication of Content is prohibited except.
Where permitted, the Content may be downloaded onto your computer or device through the use of authorised Archive Digital software. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use the software provided on the Website only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and other automatic access tools are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or Services or the Content therein. The licenses granted by Archive Digital terminate if you do not comply with this Agreement. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.
Archive Digital does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Website contain images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms and Conditions, you agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit the relevant Archive Digital Website as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from any of the Websites, you agree to obtain prior written permission from us. By using any of the Websites, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will not knowingly or wilfully submit inaccurate, defamatory or offensive Content to the Website.
Archive Digital reserves the right to change these policies from time to time and the changes take effect when we post them on the Website.
3. User Provided Content
Portions of the Service and Content on the Website are submitted by you and other users ("User Provided Content") to which you may contribute appropriate material. User Provided Content includes, but is not limited to, any information you upload to the Websites, any posts you make on our message boards or community forums, any clippings you create and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that Archive Digital believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content).
We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, contact us [email protected]
The decision to upload or share User Provided Content on the Websites is your responsibility and you should only submit or share User Provided Content that belongs to you (or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally belong to the creator of the material in question and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content to any of the Website, you represent and warrant that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). If you submit material to any of the Website on behalf of a group, organisation or business entity, you represent and warrant that you have the right to do so and that you have obtained any consents from the group, organisation or business. You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties. Upon our request you agree to furnish Archive Digital with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision.
By submitting User Provided Content on any of the Website, you grant Archive Digital and its Group Companies a perpetual, transferable, sub-license, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by you to the Website, to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release Archive Digital from any and all claims, liens, demands, actions or suits in connection with the User Provided Content you submit, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Website or the Services. Archive Digital may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant Archive Digital a license to the User Provided Content as described above and Archive Digital will own the digital version of documents created by Archive Digital as well as any indexed information that Archive Digital creates. Except for the rights granted in this Agreement, Archive Digital acquires no title or ownership rights in or to any User Provided Content you submit and nothing in this Agreement conveys any ownership rights in such User Provided Content on the Website. The licenses granted continue for the maximum time permitted by applicable law, even if you stop using the Website or the Services.
You acknowledge and agree that Archive Digital may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Archive Digital believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Websites, the Users, or the public.
4. Subscription Terms, Fees and Payments
Users of the Website may be unregistered visitors, registered guests, paying subscribers or Users that pay per time they view a record. The different payment options and services offered for the different levels will be published on the Website or at the time a subscription or other service is offered or renewed. Any terms and conditions applying to such subscriptions or other services are incorporated into this Agreement.
Terms for Subscriptions. You must be 18 years or older to use or subscribe to any of the Websites. You must provide Archive Digital with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will be assigned a username and you will select a password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorisation; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on Archive Digital via your account, and you must keep your account password secure. Distribution of your password to others for access to Archive Digital is expressly prohibited. You will never be required to reveal your password to any representative or agent of Archive Digital, its owners or agents. You must immediately notify us at [email protected], of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or billing information.
All subscriptions are automatically renewing with the exception of gift subscriptions and pay-per view (where applicable). This means that once you sign up for a free trial or become a subscribing member, your subscription will be automatically renewed and your billing method will be charged based on the subscription program (semiannually, quarterly, monthly, etc.) you have chosen unless you opt out or cancel by following the instructions in this Agreement.
Please ensure that you correct any information which has changed in respect to your Payment Method to prevent your subscription lapsing due to us being unable to process your payment. Billing charges will be processed immediately when your order is taken and according to the billing details displayed when you choose a subscription, as well as when your subscription is automatically renewed. In the case of subscriptions longer than one month, you will be notified via email before your subscription ends and asked to correct any information which has changed and reminded of the opportunity to “opt out” of your renewal. The renewal of the subscription takes place subject to the terms and conditions in force on the date of renewal. When other offers, promotions or free trials are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion or free trial ends.
Opting Out of Renewal. You may opt out of renewing your subscription by logging into the website to which you subscribed before the renewal date, clicking Account or My Account and selecting My Billing and following the cancellation instructions there.
Cancellations and Refunds. Daily, Weekly, or Monthly subscriptions are never eligible for a refund. For quarterly, semi-annual or annual subscriptions you may cancel within the first 30 days of a new subscription or within 7 days of your renewal date and receive a full refund if you do not view any magazine, clipping, record or image. Viewing any of our content voids your eligibility to receive a refund.
If you cancel your subscription and are not eligible for a refund you will retain access to the Website until your subscription expires. Cancellations may be made by logging into the website to which you subscribed before the renewal date, clicking Account or My Account and selecting My Billing and following the cancellation instructions there. All refunds will be given to the original credit card on which the purchase was made. Please allow reasonable time for the refund to be credited to your account by your credit card company.
Termination or Suspension of Your Account. Termination or Suspension of Your Account. If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the letter or spirit of this Agreement, we may limit, suspend or terminate your access to the Website. In such a case, no portion of your subscription payment will be refunded.
Prices Subject to Change. Prices may be changed by Archive Digital at any time and each renewal of your subscription will be at the price that you were originally charged for that subscription when you subscribed unless otherwise stated or there is a change in your subscription price. Archive Digital shall provide you with reasonable notice of any change in prices prior to the effective date of the new pricing by email or other reasonable means such as a notice on the pertinent Website or in usual subscriber communications. If you do not wish to continue with your subscription due to the new prices, you may opt out of renewal or cancel as set forth above.
Chargeback Policy. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we will terminate your membership immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your membership reinstated.
5. Communications Between Archive Digital Limited and You
We may contact you (via the Website, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website or Services, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your MyAccount page on the relevant Website(s) and changing your preferences.
6. Modifications to this Agreement
Archive Digital has the right, at its sole discretion, to modify this Agreement, as well as the Website, Content, and the Services, at any time. Changes will be posted on the pertinent Website(s) and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website, Content, or the Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Website or the Services now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.
7. Liability Disclaimer
We make no express warranties or representations as to the quality and/or accuracy of the Content, the Website or the Services, and we expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Website and the Services on an "as is” basis and do not accept responsibility for any use of or reliance on the Website, Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website, Content or Services. Archive Digital does not guarantee the adequacy of the Services or Website or compatibility thereof to your computer equipment, mobile devices, or environment and does not warrant that the Website, the Services, their servers, or any emails which may be sent from Archive Digital are free of viruses or any other harmful components.
To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Website or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website and the Services. Although we will not be liable for your losses caused by any unauthorised use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.
You agree to defend, indemnify and hold harmless Archive Digital, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Website and Services.
8. Governing Law; Disputes
By using the Services or the Website, you agree that access to the Website is governed by these Terms and Conditions under the laws of United KIngdom, without regard to its principles on conflicts of laws, will govern these Terms and Conditions, your use of the Website and the Services, and any dispute of any sort that might arise between you and Archive Digital. If a dispute arises between you and Archive Digital, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Archive Digital Customer Support by chat or email via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Archive Digital agree that any dispute or claim relating to your use of the Services or the Website will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Archive Digital both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Archive Digital each waive any right to a jury trial.
You and Archive Digital agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Archive Digital agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your Archive Digital membership(s).
Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Archive Digital, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.
Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Websites, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Archive Digital.
10. Contact Us
If you have any questions or comments, or would like to discuss your subscription with our Customer Support staff please contact us via the following information:
Please chat with us online during business hours or send us a message at www.archive digital.co.uk/contactus/.
For all of the Website, official correspondence must be sent via email. We do not accept postal mail.