Please Read Carefully Before Using this Website and its Content as it Governs Your Use of the Website and its Content.
Note: This website (the “Site”) is for access and use only by individuals for personal use. Information regarding access and use for institutions is available by contacting a NewsBank sales representative as follows:
Phone: (866) 641-3297
1. Parties / Acceptance
These terms and conditions (the “Terms and Conditions”) are a contract between you as an individual licensee and NewsBank, inc., a Delaware corporation having its principal place of business at 5801 Pelican Bay Boulevard, Suite 600, Naples, Florida 34108 ("NewsBank"), as licensor. By accessing the "Site, you agree to all of the following Terms and Conditions. If you do not agree, you should exit the site and not use it further. 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.
These Terms and Conditions are effective as of their posting on the Site. From time to time, it may be necessary to update or modify these Terms and Conditions. Accordingly, we reserve the right, in our sole discretion, at any time and without notice, to add to, change, update, modify or remove any portion of these Terms and Conditions , and any such addition, change, update, modification or removal will be effective immediately upon its posting on this Site. We may terminate, change, revise, modify, suspend or discontinue any aspect of this Site, including the availability of any features of this Site, at any time, so it is your responsibility to review these Terms and Conditions from time to time. You agree that your continued use of the Site constitutes an agreement to these Terms and Conditions. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without advance notice and without liability. We may, at any time and without advance notice, terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Content (as defined in Section 5(a) herein). You may terminate these Terms and Conditions by destroying: (a) all Content obtained from this Site, and (b) all related documentation and all copies and installations, provided that any accrued rights, obligations, representations or warranties shall not terminate.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
3. Subscription Terms
(a) Subscription Terms: For your convenience, all Site licenses are automatically renewing. This means that once you have become a subscriber, your subscription will be automatically renewed and you will be charged based on the membership you have chosen unless you cancel by following the instructions below.
(b) Prices Subject to Change: Subscription prices may change at any time. Memberships will renew at the then current subscription price for the membership you originally selected when you subscribed. NewsBank 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.
4. License / Limitations on Use
(a) Subject to paying the applicable fee(s) to gain access to the Content (As defined under Section 5(a)) available on the Site, you are granted an individual, non-exclusive, non-transferable, limited license to browse, search, retrieve, view, print and/or download, the Content on the Site for your personal non-commercial purposes. Printing and downloading are further limited to insubstantial portions of the Content,. You understand and acknowledge that all use is subject to any additional restrictions and disclaimers that NewsBank or its content providers publish, from time to time.
(b) Your access or your promotion of the use of multiple individual licenses shall not be used to avoid the need for any educational institution (school, college, university, etc.,) or any library, firm, corporation, limited liability entity, joint venture, municipality, county, state, country or any other governmental entity, or any other similar or dissimilar potential NewsBank customer from subscribing to any Content or NewsBank product. If NewsBank determines that your access and/or use of the Site or Content may be impairing NewsBank's potential ability to make any sale(s) of any NewsBank product or Content to any other potential NewsBank customer(s), NewsBank may terminate your access to the Site in addition to any legal remedies available to NewsBank.
(c) You shall not remove any copyright, trademark or other proprietary notices from the Content or Site, nor shall you distribute, modify, transmit, reuse, re-post, or use any Content from the Site for any public and/or any commercial purpose(s). These limitations apply to all Content on the Site, including but not limited to 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 content providers.
5. Copyright, Publishers' Rights, and Trademarks
(a) You agree that the Site consists of materials owned and in many instances copyrighted by third parties, and containing trademarks owned by third parties, and that NewsBank owns the copyright of the compilations of these materials. The Site also contains copyrighted material, trademarks and other proprietary information owned by NewsBank and its content providers, including without limitation, compilations, text, software, photographs, video, graphics, trademarks, service marks, logos, designs, and music and sound (the "Content"), and such Content may be protected under U.S. copyright laws, U.S. trademark laws, and other intellectual property laws as well as international copyright and trademark laws and treaties. Even if otherwise in the public domain, NewsBank may have obtained access and a license to the content only by agreeing to certain terms and conditions regarding use of content contained in these Terms and Conditions that are required by the content providers. You acknowledge that use of the Site and Content must not infringe the rights of NewsBank or of any third parties or violate the agreements NewsBank has with its content providers.
(b) Unless you have written permission from NewsBank, you shall reproduce and/or store only insubstantial portions of the Content, resulting from specific searches for your own personal, non-commercial purposes. You shall not store or use, or allow to be stored or used, any portion of the Site or Content in a searchable database without expressed written permission to you from NewsBank and (if applicable) from NewsBank's respective content providers. Nothing in these Terms and Conditions shall be construed as granting either you or any third party any ownership interest in or to the Site and/or any interest in or to the Content. All rights in and to the Site and Content are expressly reserved by NewsBank and/or NewsBank's respective content providers.If you want to use Content other than as permitted in these Terms and Conditions, please contact NewsBank at firstname.lastname@example.org. Please provide us with your name, identify the Content and provide us with as much information as you can about your desired use.
(c) You agree to respect any copyrights of owners of the Content, and to take no action that would violate any such right(s). Without limiting any of the foregoing, you specifically agree not to redistribute any Content from this Site or store or use any Content from this Site in any publically searchable database. Copyright violation is a serious offense, punishable by civil and/or criminal penalties.
(d) 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, used on the Site without the written permission of NewsBank or the third party that may own the relevant Trademark.
6. Limitations on Liability
(a) NewsBank uses reasonable efforts to include accurate and up-to-date information and Content in the Site, but makes neither express nor implied warranties as to the accuracy of either. NewsBank assumes no responsibility for the Content furnished by any content providers, and expressly disclaims liability for any offensive, defamatory, and/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.
(b) Any merchandise, coupons, offers, products or services offered to you through links to the Site are provided by third parties, none of which are 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/or any communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party.
(a) Subscription Memberships: NewsBank allows you to cancel your GenealogyBank membership any time within the first thirty days (30 days) after your initial membership begins and receive a full refund if purchased with a credit card. Refunds will not be issued for any membership paid for by check or money order. In order to cancel your membership, you must contact customer service at 1-866-641-3297 (Mon-Fri 10am-7pm EST). If you reside outside of the United States you may request to cancel your membership by emailing us at email@example.com.
Your cancellation must be received by end of business (7:00 p.m. Eastern Time) on the 30th subscription day. If the 30th subscription day falls on a weekend or holiday, then the refund period is extended to include the next day that is not a weekend or holiday.
After the deadlines noted above, you may still cancel your membership but no refund will be issued for unused subscription periods.
(b) Shipped products: No returns are accepted on books and CDs unless there has been a mis-shipment or the product is damaged or defective. Books or CDs that are found to be defective or damaged will be replaced. Please contact customer service immediately at 1-866-641-3297 (Mon-Fri 10am-7pm EST) to report any problems with your order.
8. Exclusion of Warranties
(a) 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, RELIABILITY, 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.
(b) 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.
(c) 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 anything downloaded from this Site. By using the Site, you also agree to abide by all laws, rules and/or regulations in the geographic location where you are located whenever you gain access to the 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.
9. 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.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Materials available on this Site or any of our other websites infringe your copyright, you (or your agent) should send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on this Site, then please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on this Site the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement. Notices and counter-notices should be sent to:
5801 Pelican Bay Boulevard
Suite 600, Naples, Florida 34108
Phone: (866) 641-3297
DMCA details are available at http://www.copyright.gov/onlinesp/.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
10. Violations / Disputes
(a) 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 your access to the Site. Any failure by NewsBank to enforce any of its rights hereunder shall not be deemed a waiver of any such rights or of any other rights. These Terms and Conditions, including all Terms and Conditions incorporated herein by reference, is the entire agreement between you and NewsBank and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. Any provision found to be unenforceable by a court of law shall be construed for maximum effect, and shall not impair any other provisions. Each third party content provider of Content has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.
(b) This Site is controlled, operated and administered by us and our service provider designees from offices within the United States of America. We make no representation that Content on this Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Site or export the Content in violation of U.S. export laws and regulations. If you access this Site from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions are governed by the laws of the State of Florida without regard to principles of conflicts of laws. These Terms and Conditions shall not be modified except as expressly stated herein above. 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 Florida. You and NewsBank both consent to the jurisdiction of such courts for any and all such disputes.
11. Entire Agreement, Claims Liability and Severability
If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org.
© 2013 NewsBank, inc.
Terms and Conditions last updated 5/24/13