Goliath Terms of Service
The following terms ("Agreement") govern your use of the content and information made available on the Goliath Web site. BY REGISTERING AND/OR USING THE GOLIATH WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS. You also agree to transact with us electronically and consent to our privacy practices.
Registration
When you register with the site, we will open up a registered user account. When you register, you represent that you are providing complete and accurate information about yourself, including accurate and up-to-date billing information. You agree to keep this information up-to-date. You are responsible for all activities under your registered user account, including all legal liability incurred from the use of your account by others. You are responsible for keeping your password confidential. You may not use the site in any way that (1) violates the rights of others, (2) is unlawful, (3) encourages conduct that would violate these terms, (4) gives rise to civil liability, or (5) violates this Agreement, guidelines or any policies posted on the site.
Privacy
Our Privacy Policy explains the practices that apply to your information when you use the site. Your ongoing use of the site signifies your consent to the information practices disclosed in our Privacy Policy.
Your Use of the Site and Information
The content available on this site is the property of The Gale Group, Inc. or its licensors and is protected by copyright and other intellectual property laws and also may have security components that protect digital information. Content viewed or purchased through the site may be displayed and printed for your personal, non-commercial use only. Except as expressly provided for in the foregoing sentence, you may not modify, publish, transmit (including, but not limited to, by way of e-mail, facsimile, or other electronic means), display, participate in the transfer or sale of, create derivative works based on, or in any other way exploit any of the information received through the site, including but not limited to sharing with others in the same organization, without the express prior written consent of The Gale Group, Inc. and (if applicable) its licensor, which may be withheld for any reason.
In the event of any permitted copying, redistribution or publication of the Content, such use shall be for personal, non-commercial use only and no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Nothing contained herein shall be construed as granting you or any third party any interest in or to the Content. All rights in and to the Content are expressly reserved by The Gale Group, Inc. and/or The Gale Group, Inc.'s respective licensor.
Submissions
If you submit, post or otherwise send us any information, content or materials including,
without limitation, comments, reviews, data, text, messages, files, images, photographs,
videos, audiovisual works, musical compositions (including lyrics), sound recordings,
postings, your and/or other persons' names, likenesses, voices, usernames, profiles,
actions, appearances, performances and/or other biographical information or material,
and any other materials, as well as links to data, text, files, images, photographs,
videos, audiovisual works, musical compositions (including lyrics), sound recordings,
postings, your and/or other persons' names, likenesses, voices, usernames, profiles,
actions, appearances, performances and other biographical information or material,
web pages and any other materials (collectively, “Submissions”), Gale (and our licensees,
distributors, agents, representatives and other authorized users) shall be entitled to
unrestricted use of such Submissions for any purpose whatsoever, commercial or otherwise,
without the requirement of any further permission from or payment to you or to any other
person or entity, including without limitation for inclusion in any future Gale publication
or Gale product, with no compensation to you. No Submission shall be subject to any
obligation of confidentiality on our part and we shall not be liable for any use or
disclosure of any Submission. Without limiting the foregoing, you hereby grant us
(and our licensees, distributors, agents, representatives and other authorized users),
without the requirement of any permission from or payment to you or to any other person
or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free,
sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit,
print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache,
archive, index, categorize, comment on, broadcast, stream, edit, alter, modify
(including, without limitation, removing lyrics and music from any Submission or
substituting the lyrics and music in any Submission with music and lyrics selected by us),
adapt, translate, create derivative works based upon and publicly perform such Submissions,
in whole or in part, in all media formats and channels now known or hereafter devised,
for any and all purposes including, without limitation, news, advertising, promotional,
marketing, publicity, trade or commercial purposes, all without further notice to you
and with or without attribution (the "Submissions License").
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
The terms of the Submissions License shall govern our right to use all Submissions.
License Terms and Digital Rights Management
The software and information made available to you on the site may include technology that protects digital information and limits your usage of the information that you may download from the site. Our digital rights management software restricts your access to electronic versions of our publications as follows:
- Access to articles, courses, reports, and publications may be time limited for the time period disclosed when the content is purchased. For example, most content licenses expire after six (6) months, although some content is licensed for twelve (12) or eighteen (18) months when needed for multi-semester courses. After the license expires, you cannot access the content, even if it is stored locally.
- You may have only two (2) concurrent licenses for articles, courses, reports, and publications. If you want to access content from an additional computer, you must purchase an additional license.
- Your files cannot be forwarded and/or shared.
- Standard "right-click" mouse functions may be disabled, so that content you are viewing online cannot be copied, pasted or saved as another file.
- Electronic articles, courses, reports, and publications cannot be returned.
- Digital content is functionally equivalent to the print version. In some cases, individual items have been removed for web delivery.
You must not circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any of the security components. The security components are provided in part by our suppliers and vendors. From time to time, the software you use to download information from the site may directly connect to an Internet site operated by one of our vendors to upgrade the security components on your software. By registering for, using, and/or by downloading information from the site, you agree our use of the security components and the automatic upgrading of such security components.
Payment and Billing
Following the expiration of any trial period that may be provided to you in the sole discretion of The Gale Group, Inc., you agree to pay the applicable fees and charges (e.g. monthly or annual) for purchases that you make from us in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. We may limit the number of promotions for which you may be eligible in a given period. We will disclose your payment terms at the time you make purchases from the site; you can also review your payment terms from time to time by visiting the "Help" or "My Account" area on the site.
You must select a payment method to pay us for any purchases you make from us. Every time you use the Service, you reaffirm that (i) we or our authorized billing agents are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled or terminated. YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, ECNEXT, INC. AS THE BILLING AGENT FOR THE SERVICE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends). We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the site and apply those charges to your next billing cycle. All purchases for downloads and all subscriptions are final and nonrefundable.
You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank or credit card company. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.
Software
We or our suppliers may provide you with software to use with the Service ("Software"). Such Software will be subject to the terms of the license agreement that accompanies the Software.
Disclaimer of Warranties and Liability
Due to the number of sources from which information on the site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in information and the service. WE AND OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SITE ITSELF. WE, OUR AFFILIATES, SUPPLIERS AND DISTIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE, SOFTWARE OR ANY INFORMATION YOU OBTAIN FROM THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER?S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NEITHER WE NOR OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY NEWS AND INFORMATION THROUGH THE SITE. IN NO EVENT WILL WE AND OUR AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND DISTRIBUTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH NEWS AND INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
Upon a request by us or our distributors, you agree to defend, indemnify, and hold harmless us and our subsidiaries, parent, affiliated companies and our distributors and their employees, contractors, officers and directors from all liabilities, claims, and expenses, including attorney?s fees that arise from your use or misuse of the site or for your violation of this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Cancellation or Termination
Either you or we may cancel or terminate your registration or use of the site at any time. Cancellation of your registration is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or our enforcement or application of this Agreement; (2) the information available on the site or any changes we make to the site; (3) your ability to access and/or use the site; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
We may also cancel your license to all content acquired from us in the event of any breach by you of these terms.
All payments are completely non-refundable. You may cancel a Goliath subscription service at any time, but The Gale Group, Inc. will not refund any remaining portion of your subscription fees, including any minimum commitments, already billed to your account. The sole exception to this refund policy is cancellation of an annual subscription within the first 30 days following your first payment or renewal payment of the annual subscription. In this case, you may request a refund of the full annual subscription fee if your cancellation request is received and processed by The Gale Group, Inc. or our authorized billing agents within this 30 day period. After 30 days following your first payment or renewal payment of an annual subscription, you may still cancel at any time but all payments will be non-refundable for the unused portion of your annual subscription. ). In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel the services by accessing your Goliath account at goliath.ecnext.com. Cancellation instructions are available through the 'Cancel My Subscription' option on the My Account Main page.
Trial members who decide to cancel their trial membership before the end of the trial period will not be billed by The Gale Group, Inc. or our authorized billing agents. All Goliath subscription trials are limited to one trial membership per individual and household in each ninety (90) day calendar period.
Subscription Renewal
MONTHLY AND YEARLY SUBSCRIPTIONS TO THE SERVICE ARE ON A CONTINUOUS RENEWAL BASIS. All Monthly subscription will automatically renew 31 days from the enrollment date. All annual subscriptions will automatically renew 370 days from the enrollment date. Your credit charge or other form of payment will be automatically charged or debited unless you have notified The Gale Group, Inc. that you wish to cancel the Service. Your subscription renewal price may differ from your enrollment price and may be higher. YOU MUST CANCEL PRIOR TO YOUR SUBSCRIPTION RENEWAL DATE TO AVOID CONTINUED CHARGES.
Electronic Transactions and Notice
Your affirmative act of purchasing or registering for the site constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the site. We can send you electronic notices (1) to the e-mail address that you provided to us during registration or (2) by posting the notice on the applicable Web page. You can opt-out of receiving marketing emails from us and our partners at any time by following the opt-out instructions provided in every email from us.
General Terms
This Agreement is personal to you and you may not assign your rights or obligations to anyone. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of New York governing contracts wholly entered into and wholly performed within the State of New York.
This Agreement is subject to change at any time. An updated Agreement will be posted to this site. We will notify you by email in the event we make any material changes to the Agreement that affect your agreement with us or the terms under which you license the content.
The Gale Group, Inc. Right to Terminate or Modify Services
The Gale Group, Inc. may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event The Gale Group, Inc. modifies the Agreement or the Services, you may terminate the Services subject to the Cancellation or Termination terms above. The Gale Group, Inc. may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, equivalent Services from any successor site or service, or a pro-rata refund at The Gale Group, Inc.'s sole discretion. The Gale Group, Inc. may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from The Gale Group, Inc. to effect such termination. Upon any termination of this Agreement (whether by you or The Gale Group, Inc.), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement.