PLEASE READ THE FOLLOWING CAREFULLY.
The terms and conditions below (“Terms”) apply to the Journal of Advertising Research on the World Wide Web (“Site”) which is operated by Warc Ltd. and HighWire Press at: www.journalofadvertisingresearch.com
All Visitors and Authorised Users, as defined below, to any of these Sites must adhere to these Terms. Please check the Terms periodically for changes. By accessing a Site or Sites you indicate your acknowledgement and acceptance of these Terms (including any changes). This is a legally binding agreement.
These Terms apply to all Visitors and Authorised Users except Academic Institutions which pay (either directly to Warc or via an agent) to access the Site. Such usage is governed by a separate Institutional Licence Agreement, available from Warc. Academic Institutions are defined as: institutions accredited by the government for the purposes of teaching or research and which grant academic degrees. Any uncertainty about whether an institution qualifies for an Institutional Licence Agreement will be resolved by Warc at its sole discretion.
As a Visitor you will be able to access material on most areas of the Site. Access may require completion of a registration process. Certain areas of the Site may only be open to you if you are an Authorised User as described in paragraph 2 below.
- Authorised Users
Only Authorised Users are permitted to access the password-protected areas of the Site. Access may require completion of a registration process. Authorised Users are defined as follows:
- 2.1 For organizations and individuals which have an active subscription to the journal which includes access to the Site, the Authorised User is the individual named on the subscription order form. Authorised Users may not share their username and password with any other person(s) unless stated in a written service agreement. In particular, it is expressly forbidden for an Authorised User to use the Site to service information requests on behalf of other employees or offices in its organization. The confidentiality of your password is your responsibility. Any usage outside this definition is not permitted and will be charged for. If you would like to upgrade your subscription to allow site-wide access, please contact us.
- 2.2 Individuals employed by organizations which are current members of the ARF may also access the Site.
Warc respects the privacy of our Visitors and Authorised Users. Warc only gathers personally identifiable data, such as names, addresses, e-mail addresses, etc. when voluntarily submitted by the Visitor or Authorised User. Warc and its divisions or subsidiaries may use this information for promotional purposes, and your details may be passed to other companies who wish to communicate relevant offers related to your business to you, unless you have opted out from receiving promotional mailings.
- Restrictions on Use of Materials
- 4.1 All material on the Site including messages sent by email belongs to Warc or is exclusively licensed to Warc. You may retrieve and display content from the site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on a server or any other storage device connected to a network) for your personal, non-commercial use.
- 4.2 Except as expressly set out in 4.1, you may not reproduce, republish, post, transmit, upload, modify or in any way commercially exploit any of the content (as print or in electronic form). Information may be used as source material having given full credit to the journal, including the trademark and copyright notice as printed on every complete article viewed on the Site. Copyright notice in the form “© Copyright (year) Warc” must appear in every copy or reproduction of such materials, along with the URL of the Site. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights.
- 4.3 The database of material contained on any Site may not be downloaded in its entirety, nor may any user create a database in electronic or structured manual form by systematically downloading and storing any or all of the content.
- Trademark Notice
Unless otherwise stated, all trademarks, service marks, and trade names are proprietary to Warc. The Site also contains trademarks, copyrights and other intellectual property rights of third parties. All such rights are proprietary to their respective owners. Users are prohibited by law and these conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on the Sites for commercial or public purposes. Except as specifically permitted in accordance with the terms and conditions governing use of the Sites, any use of such trademarks or tradenames is strictly prohibited without the express written permission of these owners.
- Disclaimer and Limitation of Liability
- 6.1 The Authorised User/Visitor expressly acknowledges and agrees that the Site is provided subject to the disclaimers and limitations of liability set out in these Terms & Conditions, and agrees to be bound by them.
- 6.2 Warc relies on the World Wide Web for the delivery of the Site and without limiting the foregoing whilst Warc will use reasonable efforts to minimise delays and interruptions in the delivery and/or updating of the Site, Warc will not be liable to subscribers in any manner whatsoever for any consequences of such delay or interruption.
- 6.3 Every Authorised User/Visitor who accesses the Site does so at his or her own risk. The materials in the Site are provided "as is" and without warranties of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Warc, nor any other party involved in the creation, production or delivery of the Site or whose materials or information appear in the Site, will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors or the inability to use the materials in the Site, even if there is negligence on Warc's part or an authorized Warc representative has been advised of the possibility of such damages, or both.
- 6.4 Warc may discontinue the Site or any part immediately if the provider of the material contained on the Site, or any part, withdraws or limits the licence or authority of Warc to include such material on the Site.
- 6.5 The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. In that event, Warc’s total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access the Site.
- Force Majeure
Failure or delay by Warc in performing its obligations under this Agreement as a result of circumstances outside Warc's reasonable control shall not constitute a breach of this Agreement. Warc shall, as soon as conditions return to normal, take all reasonable steps to rectify the failure or delay at the earliest opportunity. Notwithstanding the foregoing, if such event of force majeure continues for more than thirty (30) days, the Licensee shall be entitled to terminate this Agreement.
You may not assign, sub-license or otherwise transfer any of your rights or obligations under this Agreement.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect. Headings in these Terms are for convenience only and will have no legal meaning or effect.
- 10.1 Warc is not responsible and assumes no responsibility for the contents of any non-Warc linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided in the Site are not under the control of Warc. Access to any other Internet sites linked to the Site is at the user's own risk.
- 10.2 In addition, the existence of a link between the Site and any other Internet website is not and shall not be understood to be an endorsement by Warc of any material, substance, information or the owner or proprietor of the linked Internet website, or of the site's privacy policies, and such link shall not imply nor create any relationship nor endorsement between Warc and the owner or proprietor of such linked website.
Any time limit applying to your access and use of the Site will be set out in your subscriber agreement. However, Warc may cancel or withdraw access to the Site to any Visitor or Authorised User without notice at any time, and may amend or terminate these terms for any reason. Warc reserves the right to block access from any user who is making downloads from the Site in a manner that Warc deems to be unauthorised or suspicious. This includes: Authorised Users downloading more than 50 articles within one week, Authorised Users making sequential downloads of the content, and Authorised Users who do not complete a registration form or complete it with false details.
- Jurisdiction and Validity
These terms shall be governed by and construed in accordance with the laws of the United Kingdom, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the United Kingdom, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
- Renewal of Subscription/Membership
Warc or its agent will contact Authorised Users prior to the expiry of their subscription with details of their subscription renewal fee for the next subscription period. Members of the ARF will be contacted by the ARF.
- Contact Details & Company Registration
Warc Ltd. Registered in England no. 3383627. Registered Office: Warc Ltd., 85 Newman Street, London W1T 3EU: t: + 44 (0) 20 7467 8100, f: + 44 (0) 20 7467 8101. Please use these details for all correspondence.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS – DO NOT USE THE SITE.
Last Updated: December 2015