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Introduction
Welcome to Bloomsbury Applied Visual Arts, a website located at www.bloomsburyappliedvisualarts.com (‘BAVA’).
BAVA is operated by Bloomsbury Publishing Plc (a company registered in England and Wales, United Kingdom ("Bloomsbury", “We” or “Us”). You can find our contact details here.
These are the terms and conditions for the use of BAVA. Please read these terms and conditions carefully and make sure that you understand them before using BAVA. If you do not agree to these terms and conditions, please do not use BAVA.
By using BAVA 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 BAVA 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 BAVA (and form part of these terms and conditions):
Please be aware that if you click on a button on this site to “buy” a title, you will be directed to the appropriate product page on Bloomsbury’s main sales website. Your purchase will be made through that site and the terms and conditions of that site will govern your purchase. Those terms and conditions can be found found here.
1.2 Access to BAVA
You do not have to register with us to access BAVA, however your access to BAVA 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 BAVA, 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 BAVA
Access via your library/other institution: Your right to access and use content on BAVA 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 BAVA. Subject to the Institutional Licence Agreement, we permit you to access and use those portions of BAVA 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 BAVA using your login details, for example.
All other access: Bloomsbury permits you to access and use those portions of BAVA 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 BAVA), and this permission cannot be transferred by you to any other person. This means you should not allow others access to content on BAVA using your login details. You must not use any of the content on BAVA 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.
You may use material from BAVA 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.
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 BAVA: All content included on BAVA 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, 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, and all other Bloomsbury trademarks, service marks, and trade names appearing on this site are owned by Bloomsbury or our licensors. You may not use these marks without our written permission (other than in the context of your use of BAVA 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 BAVA, 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 Bloomsbury who may be contacted via: bloomsburyappliedvisualarts@bloomsbury.com.
What you must not do - You agree that you will not:
You must only use BAVA 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 BAVA are protected by various technological measures that control access to and otherwise protect the rights of Bloomsbury 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 BAVA, but the selection, compilation, presentation and arrangement of such public domain materials are copyrighted by Bloomsbury 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 BAVA is normally available 24 hours a day; however we cannot guarantee the continuous, uninterrupted or error-free operability of BAVA. 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 BAVA or where there is an event beyond our control such as a network failure.
We may update, modify or withdraw any particular aspect of BAVA at any time. We may also impose limits on certain features and services or restrict your access to parts or all of BAVA without notice. There may be times when certain features, parts or content of the site, or the entire BAVA 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 BAVA 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 BAVA 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. BAVA must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
Links on BAVA 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 BAVA
We use cookies on BAVA, you can read about them here. To use BAVA as intended please accept cookies.
Except as expressly permitted by these terms and conditions (or, if you are accessing BAVA through your library/other institution, the Institutional Licence Agreement we have with that institution), you must NOT yourself or permit any other person to:
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 BAVA, as well as the right to terminate your access to the site.
You must not misuse BAVA 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 BAVA 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 BAVA, as well as your Shibboleth, Athens or other institutional login details (if you are accessing BAVA 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 BAVA 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:
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 BAVA 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 BAVA 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 BAVA , the services offered via BAVA 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 BAVA Institutional Licence Agreement and/or End User License (if applicable) state otherwise.
1.11 If you access BAVA outside the European Union
You may not assert any claim or cause of action arising out of or relating to your use of BAVA 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.
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 BAVA Institutional Licence Agreement and/or End User License (if applicable) state otherwise.
1.13 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, at any time.
1.14 Contacting Us
Please contact Bloomsbury Applied Visual Arts c/o Bloomsbury Publishing Plc at our registered offices at 50 Bedford Square, London, WC1B 3DP, England, United Kingdom, or via email on: bloomsburyappliedvisualarts@bloomsbury.com.
Bloomsbury Publishing Plc is a company registered under the laws of England and Wales with company registration number: 984336.
