Terms & Conditions
Welcome to the Routledge Performance Archive. This page (together with the documents referred to on it) tells you the terms on which you may:
a. use the Routledge Performance Archive website at www.routledgeperformance archive.com (the "Site");
b. register as a user of the Site;
c. buy and We will supply or provide access to the Materials (as defined below) on the Site;
d. make use of the Materials;
Please read these Terms carefully before you start to use the Site or upload Material or content via the Site. You should understand that by using the Site or uploading any material or content, you signify your acceptance of these Terms and that you agree to be bound by them. If you do not agree to these Terms, please refrain from using or visiting the Site.
Part I - Using our Site
1. Information about Us
The Site is owned and operated by Informa UK Limited, trading as Routledge ("Informa", "Routledge" "We," or "Us") whose registered office is at 5 Howick Place, London, SW1P 1WG. We are registered in England and Wales under company number 1072954.
2. Site Structure and the Materials
The Site is made up of three areas, namely:
a. Open Areas;
b. Registered User Areas;
which together contain the "Open Materials"; and
c. Subscription Areas which contain the "Premium Materials".
The Open Materials and Premium Materials together comprise the "Materials".
3. Accessing our Site
In addition to these Terms, use of and access to Registered User Areas and Subscription Areas is subject to any applicable registered user or subscription agreement.
Whilst we endeavour to ensure that the Site is normally available 24 hours a day, access to our Site is on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
We aim to update our Site regularly, and may from time to time change the Materials as well as the type of subscription/registration needed to access any of the Materials. If the need arises, we may suspend access to our Site, or close it indefinitely. The Materials may be out of date at any given time, and while we may from time to time update the Materials we are under no obligation to do so.
You are responsible for making all arrangements necessary for you to have access to our Site and the Materials, including the arrangement and acquisition of software, hardware and any necessary internet connection and telecommunications equipment. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them and you also understand that you and not we are responsible for all electronic communications and content sent from your computer to us.
4. Viruses, Hacking and Other Offences
You must not misuse our Site 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 the Site or any part of it, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-service-attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or due to your downloading of any material posted on it, or any website linked to it.
5. Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other Site, nor may we create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
6. Links from Our Site
Where our Site contains links to other sites and resources provided by third parties, these links are for your information only. We have no control over the contents of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. Our Liability
The Site and the Materials are provided on an as is basis. Subject to the below, Informa excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the suitability, accuracy or fitness for any purpose of the Site and any Material and limits its liability for any other liability under these Terms or any related agreement to the fees payable by you for the element of the Site or the Material found to be in breach of these Terms.
Subject to the below we exclude all liability for loss of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatever.
The Site aims to provide access to a wide range of performance material, some of which may on occasion contain non-sexual nudity. The Site and the Materials are provided on an as is basis, and Informa excludes all liability for any damage, loss or offence caused or alleged to be caused by such content
Informa does not limit or exclude its liability for death or personal injury caused by its negligence or any other liability the limitation or exclusion of which is prohibited by law.
Save as expressly permitted in these Terms, all warranties, conditions or other terms implied by statute, common law or otherwise are excluded by Informa to the fullest extent permitted by law.
You agree to indemnify Informa against any costs, claims, damages or expenses arising from any use by you (including by Authorised Users as defined in paragraph 11 below) of the Materials under these terms which are brought or threatened against Informa by another person.
9. Information About You and Your Visits To Our Site
Part II - Intellectual Property and Access & Licence Types
10. Becoming a Registered User and Use of Passwords
Access to certain areas of the Site will be restricted to Registered Users only. You can apply to become a registered user here.
No application to become a Registered User will be accepted unless and until specifically stated by us in writing and we reserve the right to refuse any application we receive.
If we do accept your application, we will provide you with a user identification code and password which you will need to enter to access certain parts of the Site. You must treat this information as confidential and you must not disclose it to any third party.
The acceptance by us of an application to be a Registered User does not grant you access rights to any Premium Materials unless and until we receive payment from you of any relevant fee.
You confirm that all the details supplied by you when you register are accurate and complete.
You agree to notify the Informa service help desk promptly of any changes. Should you make any significant change to your details you must notify us not less than ten (10) days before the change takes effect.
We reserve the right to disable any user identification code or password, whether chosen by you or allocated by us at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
In order to operate your account you will be issued with a Password. You are responsible for the security and proper use of your Passwords and your account, including all charges incurred through them. You must inform the Informa service help desk immediately if you have any reason to believe that any of your Passwords have become known to someone not authorised to use them. If we reasonably believe that there is likely to be a breach of security or misuse of the Service or your account we may change your Passwords immediately and will notify you accordingly.
11. Intellectual Property Rights
We are the owner or the licensee of all copyright, trademarks, design rights, database rights, confidential information or any other intellectual property rights (together the "Intellectual Property") in the Site, the content and the Materials.
The Materials are protected by copyright and other Intellectual Property laws and treaties around the world. All such rights are reserved.
Your right to access and use the Site and the Materials is strictly limited to that set out below and, where applicable, in any accompanying licence agreement between you and us.
a. Open Materials
We grant you a limited licence to access and make personal use (including permission to print off one copy, and to download extracts) of any page containing Open Materials for your personal reference and you may draw the attention of others within your organisation to the Open Materials.
You must not modify the paper or digital copies of any Open Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
This licence does not include any derivative use of the Site or the Materials, any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. In addition, you may not use meta tags or any other "hidden text" utilising our name or the name of any of our group companies without our express written consent.
You must not use any part of the Open Materials for commercial purposes without first obtaining a licence in writing to do so from us.
Our status (and that of any identified contributors) as the authors of Open Materials on our Site must always be acknowledged.
b. Premium Materials
In addition to the terms set out above, your use of any Premium Materials is subject to an additional licence, the nature and content of which will vary according to the type of Premium Materials purchased and whether you are purchasing as an individual or on behalf of an organisation.
i. Access and Usage Rights for Individuals/Consumers
When purchasing an eBook as an individual, we will on acceptance of your order, grant you the non-exclusive, non-transferable right to access the eBook on your PC or hand-held digital device and retrieve and temporarily cache it in your browser or proxy cache of the Licensee. You may not use the eBook in whole or in part for the purposes of inter-library loan, for any external commercial re-use or for the creation of course packs or similar collections of data. This right may be terminated by us if you breach any of these Terms.
Individual Subscriptions & Online Access
Individual subscriptions are limited to personal use only i.e. that which is for your own private use as an individual, will not be used to substitute for an existing or potential library or other subscription and will not be networked to any other site, nor posted to a library or public website.
To access the Online Service as an individual you will need to follow the subscription procedures that relate to the particular Materials you are subscribing to.
ii. Access and Usage Rights for Members of Societies, Institutions & Corporations
You may only access and use Premium Materials purchased by an Institution, Corporation or Society, if we have been notified by them that you are an Authorised User.
If you are an Authorised User of any such Institution, Society or a Corporation who has acquired access rights on your behalf, your use and access of the Site will be governed by the terms contained in any such Institutional/Corporate/Society agreement signed by the Corporate/Institution/Society of which you are a member as well as these Terms. By way of example, copies of template versions of these agreements may be available on Taylor & Francis Online, however the licence signed by your particular Corporate/Institution/Society may differ, so please speak to your librarian if you are unsure about whether your intended use is permitted under the terms of access we have granted to you.
iii. Other Terms and Conditions
Your access to and use of the Materials may be subject to additional terms and conditions as agreed by you and us from time to time, except that any such obligations will not apply to our dispute between you and us arising, or arising out of events occurring before the date of such additions.
12. Conflicting Terms
In the event and to the extent of any conflict between the provisions of these Terms and any other agreement referred to in these Terms, the provisions of the other agreement will apply.
13. Obligations of Librarians and/or Administrators
As the librarian, administrator or representative of a Society, Institution or Corporation that has taken out a subscription to access Materials on the Site, you shall:
- appropriately notify all Authorised Users of the importance of respecting the Intellectual Property rights in the Materials;
- use reasonable endeavours to notify Authorised Users of these Terms and any other relevant agreement and take all reasonable steps to protect the Materials from unauthorised use or other breach;
- use reasonable endeavours to monitor compliance and immediately upon becoming aware of any unauthorised use or other breach, inform us and take all reasonable and appropriate steps, including disciplinary action, both to ensure that such activity ceases and to prevent any recurrence;
- issue passwords or other access information only to Authorised Users and use all reasonable endeavours to ensure that Authorised Users do not divulge their passwords or other access information to any third party;
- provide us, within 30 days of the date of any agreement between us and you, with the information sufficient to enable us to provide access to the Material;
- keep full and up-to-date records of all Authorised Users and their access details and provide us with details of such additions, deletions or other alterations to such records as are necessary to enable us to provide Authorised Users with access to the Materials as contemplated by these Terms or any accompanying agreement; and
- use reasonable endeavours to ensure that only Authorised Users are permitted access to the Materials.
Part III - The Public Areas
14. Use of Public Areas and Content Standards
From time to time, we may operate interactive areas on the Site in the form of blogs, wikis, comment forum or message boards, where users can review topical debate and, sometimes, post comments and upload materials to the Site (the "Public Areas").
The views expressed in the Public Areas are those of the individuals and are not necessarily those of Informa. Any content, recommendation or other information within the Public Areas is viewed and used by you at your own risk and Informa does not warrant, in any respect, the accuracy or reliability of any of the information posted in the Public Areas.
By posting your comments or materials on the Public Areas you agree to abide by these terms including but not limited to the Content Standards set out below.
15. Content Standards
These Content Standards apply to each part of a Contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. Informa will determine, in its discretion, whether a Contribution breaches the Content Standards.
Please do not:
Make multiple contributions. So that we can publish comments from as many different people as possible, participants should keep their number of Contributions per debate to a reasonable level. Multiple contributions from one individual, or small number of individuals, discourages many others who might otherwise wish to take part;
Spam by reposting the same message, or very similar messages, more than once;
Publicise or attempt to publicise anyone else's contact details or compromise anyone else's privacy in any way; and/ or
Use any name other than your bona fide family name.
In addition, please do not submit Contributions which;
Are irrelevant and/or lower the value of the debate as these will not be posted;
Include advertisements, promotions of products or services or which include any third party links;
Are in any language other than English; and/ or
Are in full capital letters.
Furthermore a Contribution must:
Be accurate (where it states facts);
Be genuinely held (where it states opinions);
Comply with the law applicable in England and Wales and in any country from which it is posted; and/ or
A Contribution must not:
Be defamatory of any person and/or otherwise be unlawful or fraudulent, or have any unlawful or fraudulent purpose or effect;
Be obscene, offensive, hateful or inflammatory;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
Infringe any copyright, database right or trade mark of any other person;
reach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Be in contempt of court;
Be likely to harass, upset, embarrass, alarm or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person;
Give the impression that the Contribution emanates from Informa if this is not the case;
Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and/ or
Contain any advertising or promote any services or web links to other sites.
16. Breach of Content Standards
Immediate, temporary or permanent withdrawal of your right to use the Public Areas;
Immediate, temporary or permanent removal of any Contribution already posted on the Public Areas;
Issue of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you; and/or
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
17. Grant of Licence in Contributions and Moderation Policy
By submitting a Contribution to the Public Areas, you agree to grant Informa a non-exclusive licence to use that Contribution and all intellectual property (including copyright, designs, trade marks and database rights together "Intellectual Property") contained within it. Although you will still own the Intellectual Property in your Contribution, Informa will have the right to freely use, edit, alter, adapt, create derivative works from, perform, play, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. Informa may exercise all Intellectual Property and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. You also agree to waive all moral rights in relation to your Contribution for the purposes of the licence set out above. If you are not willing or in a position to grant such a licence to Informa, please do not submit the Contribution to the Public Areas.
Whilst Informa are under no obligation to moderate your Contribution, we reserve the right to do so and exclude any liability for loss or damage you may suffer through your use of the Public Areas.
Please also note that in accordance with the Content Standards set out in these terms, you must ensure that your Contribution does not infringe any Intellectual Property right of any other person. By submitting your Contribution to the Public Areas, you are warranting that you have the right to grant Informa the non-exclusive copyright licence described above and you indemnify us for any breach of that warranty. You also warrant to take such steps as may be necessary to give effect to the licence granted above. We have the right to disclose your identity to any third party who is claiming that nay material posted or uploaded by you to our Site constitutes a violation of the intellectual property rights
If you wish to complain about any Contribution posted to the Public Areas, please contact [email protected] We will then review the Contribution and decide whether it complies with our Content Standards. We will deal with any Contribution which, in our opinion, violates our Content Standards as described above. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
Part IV E-Commerce
19. Terms and Conditions of Supply
The following terms shall apply to e-commerce transactions taking place on or via the Site.
For the purposes of the clauses below:
"Publication" means any journal, book or report offered for sale in hard copy via the Site "Digital Content" means any content acquired by you and delivered by us in electronic form and/or any rights granted to you to access content available on the Site.
"Premium Materials" includes both Publications and Digital Content.
By placing an order through our Site, you warrant that:
a. you are legally capable of entering into binding contracts; and
b. you are at least 18 years old.
20. How the contract is formed between you and us
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Premium Materials. All orders are subject to acceptance by us, and we will confirm such acceptance to you by the following methods:
- In the case of a Publication sending you an email that confirms that the Publication has been dispatched (the Dispatch
in the case of Digital Content, giving you confirmation on screen, followed by an email containing a link to access.
The contract will only be formed when we send either of the communications set out above. The contract will only relate to the Premium Materials whose dispatch we confirm in the relevant email. We will not be obliged to supply products or permit access to any other content which may have been part of your order until you receive an email specifically relating to the Premium Materials.
21. Availability and Delivery
If ordering a Publication, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days' of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
22. Risk and Title of Publications
All Publications will be at your risk from the time of delivery.
Ownership of the Publications will only pass to you when we receive full payment of all sums due in respect of the Publications including delivery charges, but nothing in this clause constitutes an assignment or grant of any Intellectual Property Rights in the Publication.
23. Price and Payment
The price of any Premium Materials will be as quoted on our Site from time to time, except in cases of obvious error.
Prices are liable to change from time to time, but changes will not affect orders in respect of which we are already sent you a Dispatch Confirmation.
Our Site contains a large amount of Premium Materials and it is always possible that, despite our best efforts, some of the Premium Materials listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Premium Material's correct price is less than our stated price, we will charge the lower amount when dispatching the Premium Materials to you. If the Premium Material's correct price is higher than the price stated on our Site, we will normally, at our discretion either contact you for instructions before dispatching the Premium Materials, or reject your order and notify of such rejection.
We are under no obligation to provide the Premium Materials to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Premium Materials must be by credit or debit card. We will not charge your credit or debit card until we dispatch your order.
24. Import Duty & Compliance with Local Laws
If you order Materials from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
The Following additional Terms will apply if you are contracting as a Consumer:
25. Consumer Protection
If you are contracting as a consumer and have purchased:
a. Publications, then you may cancel at any time within seven working days beginning on the day after you received the Publication or, if a Subscription, the first copy of any Publication due under such a Subscription.
b. Digital Content then you may cancel at any time within seven working days beginning on the day after you received the information from us about how to access to the Digital Content, provided that you have neither accessed nor made any attempt to access the Digital Product in which case this right to cancel shall not apply.
In each case, if you are eligible, you will receive a full refund of the price paid for the Digital Content using the same method originally used by you to pay for your purchase, including the cost of sending the item to you. However, if applicable you will be responsible for the cost of returning the item to us.
To cancel, you must inform us in writing. If you have purchased a Publication, you must return this to us immediately in the same condition in which you received it and at your own cost and risk. You have a legal obligation to take reasonable care of the Publications whilst it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
Part V - General Provisions
26. Written Communications
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 communication does not affect your statutory rights.
You agree to keep confidential all information concerning the business or affairs of Informa. This does not apply to any disclosure required by a court or regulatory body of competent jurisdiction, trivial information or information already publicly available or demonstrably in your possession at the time of disclosure (other than as a result of breach of any confidentiality obligation).
All notices given by you to us must be given to Informa at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing your order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent or three days after the posting of a letter. In proving the service of any notice, it will be sufficient to prove in the case of a letter that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
29. Transfer of rights and obligations
These Terms and any contract for the sale or purchase of Materials conducted via the Site are binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under these Terms or any such contract, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms or any contract arising related to your use of the Site, at any time.
30. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail, at any time, to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default and no waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 28 above.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
33. Entire Agreement
These terms and conditions and any document expressly referred to in them (including but not limited to in particular any agreement referred to in clause 11) represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other part}s only remedy shall be for breach of contract as provided in these terms and conditions.
34. Our right to vary these Terms
We have the right to revise and amend these Terms or any clause contained within then from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities except that such revisions or amendments do not apply to any dispute between you and us arising, or arising out of events occurring, before the date of such revision or amendment.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
35. Law and Jurisdiction
Your agree that the courts of England shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms or their formation. For these purposes each party irrevocably submits to the jurisdiction of the courts of England.