searchBOX terms + conditions
Please read these Terms and Conditions carefully before accessing the searchBOX database (hereinafter termed the “Database”) accessible through the textBOX website (https://www.textboxdigital.com/).
textBOX Digital LLC, an accessibility technology company with a registered office at 584 Castro Street #2020, San Francisco, CA 94114, make the Database available subject to the following Terms and Conditions.
By accessing the Database, or using any information within it, you confirm that you accept these Terms and Conditions, and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not access the Database or utilise any of the content contained within it.
“searchBOX Database” refers to the Database and its search service made available on the textBOX website. The Database is a free-of-charge public service provided by textBOX to assist users in the sourcing of accessible material from publishers. The Database contains and aggregates the contact details and relevant accessibility details made publicly available by publishers on their corporate websites or provided to textBOX directly. This data can be accessed through the Database by a search request on the publisher name or related imprint.
“User” refers to any third party using, free of charge, the information contained in the Database, and shall be subject to these Terms and Conditions.
“Registration” refers to the process the User must undertake to access the Database.
2. GRANT OF DATABASE ACCESS + USE
textBOX allows the User to access and make use of the information available in the Database under the conditions described herein and in the fair use policy outlined in Section 3.
textBOX grants the User a non-exclusive, revocable, worldwide licence to access the Database and use the content in the Database as follows for the User’s own internal, non-commercial purposes.
The User may:
(a) query and retrieve the data from the Database.
(b) view, copy and store individual entries from the Database
(c) make a reasonable number of printed and/or digital copies of content within the Database as are reasonably required in connection with their own internal, non-commercial purposes, provided that the User shall not modify or amend any such copies.
(d) distribute the content in the Database, acting reasonably and at all times only in accordance with their own internal, non-commercial purposes.
(e) not sell or otherwise commercially exploit any of the Database or any data in it.
(f) not remove or alter any copyright or similar notice in any of the content in the Database.
(g) not perform bulk acquisition, bulk download and bulk storage of data from the Database.
perform bulk copying, bulk reformatting or bulk redistributing of data from the Database.
(h) not make any use of the Database or any content therein which breaches any applicable law, including without limitation, any infringement of intellectual property rights.
Insofar as the Database contains the personal data of any individual, or any contact details for any individual or organisation, the User will not use any of the same (directly or indirectly) to send unsolicited direct marketing communications via any medium.
Should you wish to make any other use of the Database and/or the content within, advance written permission is required from textBOX.
3. FAIR USE POLICY
The Database is a free-of-charge public service provided to assist in the sourcing of accessible material from publishers. In view of the public interest, the service is not designed for bulk downloads and therefore Users will not undertake the following unfair use:
(a) more than 10 search related actions per minute from an IP address; and
(b) automated queries.
3.1 textBOX reserves the right to intervene and restrict access by Users in case of unfair use of the service.
3.2 Under no circumstances may the data made available through this Database be made accessible or sublicensed in any way to another carrier, host or publisher.
4. LEGAL VALUE OF THE DATA
The Database and its service are provided for public information purposes. Data as contained in the Database have no legal value of any kind.
5. CHANGES TO TERMS
textBOX may revise these Terms and Conditions at any time by amending this webpage. Please read this webpage from time to time to take notice of any changes we make, as they are binding on the User. We note at the end of these Terms and Conditions when they were last updated.
6. CHANGES TO DATABASE
textBOX may amend and/or update the Database from time to time and may change the content at any time.
Despite the reasonable efforts of textBOX, the content within the Database may be out of date at any given time, and textBOX are under no obligation to update it. textBOX do not guarantee that the Database, or any content within it will be free from errors or omissions.
7. DATABASE ACCESS
The Database is made available free-of-charge. We do not guarantee that the Database or any content in them, will always be available or be uninterrupted.
We may suspend, withdraw, discontinue or change all or any part of the Database without notice.
We will not be liable to the User if for any reason any Database is unavailable at any time or for any period due to maintenance or unforeseen circumstances.
The User is responsible for ensuring that all persons who access the Database through their internet connection are aware and comply with these Terms and Conditions.
8. REGISTRATION + PRIVACY
Access to the Database will be provided on completion of User Registration.
On registration the User must provide textBOX with complete, accurate and truthful information and the User must inform textBOX of any changes to that information (for example the User’s email address) by emailing email@example.com.
Each registration is for a single User only. The User will be asked to choose a username and password which in combination ('User ID') will be unique to the User. The User must not permit any other person to share use of their User ID or permit multiple users to access the Database using their User ID.
The User is responsible for all use of the Database using their User ID and for preventing unauthorized use of their User ID. If a User believes that there has been or will be a potential breach of their User ID security please notify textBOX immediately by emailing firstname.lastname@example.org.
The User will be required to provide their User ID to gain access to the Database.
Registration is free-of-charge.
9. INTELLECTUAL PROPERTY RIGHTS
textBOX have the rights to make the Database and the content within them available (including rights of ownership, and/or rights of access to, intellectual property rights).
The User acknowledges that any and all copyright, trademarks, database rights and other intellectual property rights subsisting in or used in connection with the Database, the data contained therein, and any accompanying documents and agreements are and shall remain the property of textBOX.
Except as provided herein, the Database, the data contained therein and any accompanying documents and agreements may not be used, reproduced or made available to third parties without prior written consent from textBOX.
If a User breaches a material term of these Terms and Conditions and does not cure within 30 days from written notice, textBOX may immediately terminate the User’s right to access the Database. If access to the Database is terminated in whole or in part for user’s breach:
(a) textBOX shall disable access to any terminated Service.
(b) User shall destroy any files, information, data or software derived from any terminated Service in its possession or control, and certify destruction upon request, and
(c) textBOX reserves the right to pursue all available legal remedies.
11. REMEDIAL ACTION
Without limiting the above, textBOX may suspend access to the Database if it reasonably determines that the User’s failure to comply with these Terms and Conditions may cause irreparable harm to textBOX. If delivery is suspended, textBOX will work in good faith to restore User’s access as soon as possible after the failure to comply has been remedied in full.
12. NO RELIANCE
The Database and its service are provided for public information purposes. It is not intended to amount to advice on which the User should rely. The User must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Database.
The inclusion of any content in the Database does not represent an endorsement or recommendation on the part of textBOX of any third party product or service.
textBOX make all reasonable efforts to update the information in the Database but textBOX make no representations, warranties or guarantees, whether express or implied, that the content in the Database is accurate, complete or up-to-date. The Database is provided on an "as is" basis.
13. LIMITATION OF LIABILITY + FORCE MAJEURE
textBOX shall not be held liable for any or all uses of the data contained in the Database and its service that may affect or violate any patent, trademark, copyright, trade secret, other intellectual property right or any legal right of any third party.
textBOX shall not be liable for any indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to the User, including, but not limited to, losses of business, revenue or profits, as a consequence of using any of the data contained in the Database.
textBOX shall not be liable or deemed to be in default for any delays or failure in performance or interruption of service resulting directly or indirectly from any cause or circumstance beyond its reasonable control.
14. LOGO USE
The User does not have the right to use the logo of textBOX or searchBOX without written permission.
15. LINKS TO THIRD PARTY WEBSITES
textBOX assumes no responsibility for the content of third-party websites linked to from the Database. Such links should not be interpreted as a recommendation or endorsement by textBOX of those linked websites.
textBOX will not be liable for any loss or damage that may arise from any use of third-party websites.
16. LINKING TO THE DATABASE
Should a User wish to link to the Database please contact textBOX to seek our written consent. In the absence of such consent, the User may not link to any part of the Database. Even where permission is given to link to the Database or any content therein, the User may not do so in any manner which suggests any relationship with textBOX which does not exist, nor in any manner which could damage the reputation of textBOX.
17. DATABASE CONTENT
If any of the information contained within the Database is about the User or the User’s organisation, please contact textBOX should the User wish textBOX to amend, update or correct the content, or remove it from the Database.
18. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the United States of America and shall be subject to the jurisdiction of the Courts of California.
If you have any questions relating to these Terms and Conditions, please contact textBOX at email@example.com.
These Terms and Conditions were updated on 29 August 2019.
© textBOX LLC, 2019