By accessing the website at www.1843magazine.com ("the Site") or by otherwise accessing any content found on the Site or by using any digital application edition of 1843 magazine or other digital application published by The Economist Group ("The Economist") (each a "Digital Application"), you are entering into an agreement with The Economist and agree to the terms that follow (the "Terms"). The Site is owned and operated by The Economist.
1843 is a trading name of The Economist, which includes the following for the purpose of these Terms:
The Economist Newspaper Limited ("ENL")
Registered in England and Wales. No.236383
Registered office: 25 St James's Street, London, SW1A 1HG
Economist Digital Services Limited ("EDSL")
Registered in England and Wales. No. 9282716
Registered office: 25 St James's Street, London, SW1A 1HG
- Intellectual Property
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- User-Created Content
- Changes to the Site and Digital Applications
- Gift Subscriptions
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- Force Majeure
- Term and Termination
- Governing Law and Jurisdiction
- Previous versions of our Terms
These Terms were last updated on 3rd March 2016.
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the "1843 Content"), is copyright of The Economist and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “1843” or "The Economist" name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from The Economist. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
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Certain areas or features of the Site and/or Digital Applications may only be open to registered users. You are solely responsible for the confidentiality and use of and access to 1843 Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify The Economist if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any 1843 Content. You will provide The Economist with accurate, complete registration information and inform The Economist of any changes to such information. For the purpose of confirming your compliance with these Terms, The Economist reserves the right to monitor and record activity on the Site and Digital Applications, including access to 1843 Content.
Each registration and subscription is for the personal use of the registered user or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. The Economist does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.
The Economist offers different types of subscriptions (“Subscriptions") including, for example, subscriptions to print issues of 1843. The Economist reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time.
The digital element of Subscriptions to customers in Relevant Countries is supplied by EDSL and EDSL sets the general terms and conditions for such supply. ENL supplies and sets the general terms and conditions that apply to all other Subscriptions (including those containing a digital element to customers other than those in Relevant Countries). The Relevant Countries are Norway, Switzerland and all countries in the European Union from time to time.
The Economist will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you (or, in the case of a gift Subscription, the recipient of the gift) with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).
Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing rate, which may be changed from time to time. renewal rate agreed at the point of order. If you do not choose an auto-renew payment option, we will contact you at the end of the initial subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Subscription at any time as set out below.
Unless specifically stated in any Subscription offer or promotion when you place your Subscription order, you have the right to cancel your Subscription at any time. Please note that if your Subscription includes a digital element, by placing your order you agree that we may start that digital element of your Subscription immediately and you acknowledge that you will lose your right to a refund in relation to any issues that have been published before you cancelled.
If you exercise your right to cancel, unless the terms of any Subscription offer or promotion state otherwise, we will reimburse all payments received from you, less a pro-rated amount for each issue delivered (if your Subscription contains a print element) or published (if your Subscription is a Digital Subscription only) before you cancelled.
In this section references to "published" includes publication on the Site, any Digital Application and/or otherwise made available digitally to customers.
If applicable, any reimbursement will be settled as described in the "Fees and Payments" section below.
How to cancel
You may notify us of your wish to cancel your subscription by contacting our customer services on either firstname.lastname@example.org or +44 845 120 0983. If you prefer, you may, but are not obliged to, complete the form below and send it to us by e-mail to the customer service email address above.
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Contract and Disputes
The Economist shall provide your Subscription in accordance with these Terms (and the terms of any offer or promotion that may apply to your Subscription). As further detailed above you have legal rights with regards to your subscription including the right to cancel. Should you have any queries please contact our customer service centre for your region. For EU users, should you have any issues with your Subscription or our services and do not wish to contact our customer service centre, you are entitled to use the EU managed and operated Online Dispute Resolution Platform at http://ec.europa.eu/odr.
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The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Subscription (or any subsequent renewal of your Subscription). Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
As well as Subscriptions, access to some 1843 Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in US Dollars or other currency specified by The Economist. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
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If your use of the Site or any Subscription is terminated by The Economist, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by The Economist). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from The Economist's third party partners. In that event, your contract for such products will be with the third party partner and not with The Economist.
If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.
You are responsible for all content you post.
The Site and any Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to The Economist and interaction between users and The Economist representatives ("Forums"). While The Economist does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by The Economist on a Forum. You may not:
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By submitting Messages to any Forum you agree to indemnify and hold harmless The Economist from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
The Economist has no control over individuals posting Messages on any Forum. The Economist cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting The Economist a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. The Economist reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for The Economist to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify The Economist immediately by contacting our customer services on either email@example.com or +44 845 120 0983 for your region or by using the "Report Abuse" function on reader comments. Repeated misuse of the “Report Abuse" function will result in your access to the Forums being terminated.
The Economist respects your privacy.
The Economist reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of 1843 Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.
The Economist allows Subscriptions to be purchased as gifts. The person responsible for payments and fees is the person who initially purchased the gift Subscription and only that person may receive any refunds or other payments that may be due in respect of the gift Subscription. Apart from that, these Terms will apply to the beneficiary of any gift Subscription, who may therefore use the Site and access any 1843 Content only in accordance with these Terms, and all references to "your" or "you" (other than in relation to renewal, payment, fees, refunds and cancellations) shall be read as references to the beneficiary of the gift Subscription.
All 1843 Content and services are provided 'as is'. You indemnify us for breaches of these Terms.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, The Economist makes no warranty, express or implied concerning 1843 Content, any Digital Application, the Site or any software that are made available through the Site (the " Services"), which are provided "as is". The Economist expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will The Economist, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if The Economist has been advised of the possibility that such damages may arise. The Economist does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of The Economist or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by The Economist exceed the amount, if any, paid by you to The Economist for the particular Service to which the claim relates.
Upon The Economist's request, you agree to defend, indemnify and hold harmless The Economist, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
The Economist will not be held responsible for circumstances beyond its control.
The Economist, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the 1843 Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Additional Terms apply to your use of 1843 Content.
Changes to these Terms
The Economist may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or 1843 Content). Whenever the Terms are changed, The Economist will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after The Economist has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain the 1843 Content may be subject to additional terms and conditions.
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Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. The Economist is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. The Economist is not responsible for the availability of these websites or their content.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by The Economist.
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices to The Economist must be given in writing, by letter, and sent to The Economist Group, 25 St James's Street, London, SW1A 1HG (for the attention of the Group General Counsel).
Severability/Survival/Statute of Limitations
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
The Economist may terminate or suspend your access to 1843 Content at any time.
The Economist may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any 1843 Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to The Economist under these Terms or by law.
These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
For the exclusive benefit of The Economist, The Economist shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
For previous versions of our terms please refer to the relevant period below