Terms & Conditions

By accessing or using the Brepols Online website or the content included in it, the user is deemed to have agreed to comply with all of the terms and conditions below.

The Brepols Online site is published by Brepols Publishers and operated for her by Ingenta. It can be accessed through http://www.brepolsonline.net. Access to the “full text” articles is restricted.

Institutional licensees (the Licensee) may provide access to their authorized users (Users), in accordance with these “Terms and Conditions”. In case of a specific licence agreement between the Institution and Brepols Publishers NV or in case of an unexpired licence agreement for any of the Brepolis-databases between the Institution and Brepols, the terms of such agreement prevail over the clauses from these “Terms and Conditions” as far as they are in contradiction with each other. For institutional licensees, access control is based on a check against the IP number or a Shibboleth sign-on.

The Brepols Online website is also available for private subscribers. Access control is based on a check of a combination of ID and password or an IP-check (in this case the Licensee is also the User). Where appropriate, users can also gain access to the full text through a “pay-per-view” procedure (in this case the Licensee is also the User).

Access to pages which allow browsing and searching as well as reading bibliographic references to content (including abstracts) is free but copyright protected.

No other access is permitted. No other users are permitted.

The website has been optimised to operate with the latest stable version of Google Chrome, Mozilla Firefox and Apple Safari.

The Licensee and the Users have (the benefit of) a non-exclusive and non-transferable licence to have online access to one or more of the titles, including the full text of the articles and to make use thereof for the agreed period. These rights are not extended to Licensee's subsidiaries, parent organizations or to any other affiliated organization or person.

The Licensee may not transfer, sublet or confer the rights that are granted to him to any other organization or person. Users are entitled to extract and re-utilize, for personal non-commercial purposes only, any insubstantial parts of the contents of the Database. The articles, indexes, abstracts (etc.) are protected by copyright and other intellectual property laws.

The systematic extraction and/or re-utilization of insubstantial parts of the Brepols Online website or its content, conflicts with normal exploitation and fair use and causes prejudice to the legitimate interests of the Publisher and is not authorized.

Users who, for the purpose of illustration for teaching or scholarly research, have the intention of using a substantial part extracted from the contents of the Brepols Online website, should obtain, prior to use, an authorization in writing from the Publisher. In such a case, the User shall always mention the name of the Publisher and the designation of the website as well as the normal bibliographic reference. Other use of any substantial part is not allowed.

The Licensee and the Users are not entitled to reproduce, distribute, modify, supplement or split the contents or structure of the Brepols Online website or its data. Furthermore, neither the Licensee nor the Users are entitled to rearrange the Brepols Online website or its data or to set up derived Databases.

In case of unauthorized use the Publisher or the institutional Licensee will deny access to this unauthorized user by blocking without prior notification the IP address that has been used to access the Brepols Online website or its content.

The Publisher guarantees to the Licensee that he has full rights to grant access and use of the databases. All copyright to the content and design of the Brepols Online website, the search page and other interfaces, designs and lay-out as well as names, trademarks and logos are owned by the Publisher and / or his partners.

The Publisher or his partners have attempted to obtain permission from all copyright owners of the printed and the digital material. However, this has not been possible in all cases. Therefore, a copyright holder who had not been contacted can ask for the removal of his copyrighted material from the Brepols Online website.

The Publisher and his partners endeavour to offer an overall good-quality product and a reliable service. Nevertheless the Brepols Online website is provided "as it stands" and neither the Publisher nor his partners who have been involved in the creation, production or delivery shall be liable for any direct or indirect damages arising out of the use of, or the inability to use, the Brepols Online website. The Publisher does not guarantee that the Brepols Online website will be usefully accessible in every hardware/software environment.

In case of force majeure events or any other events beyond the reasonable control of the Publisher, the Publisher shall use his best efforts to restore all services as soon as possible. However the Publisher can never be liable for any direct or indirect damages due to events of force majeure.

No transfer of copyright is made by this licence.

In case of non-compliance with one or more of the above paragraphs, the Publisher is entitled to claim damages from any party or person who is involved in this non-compliance.

If any damage is being caused by the Licensee to the Publisher, who can produce evidence of the damage, the Licensee will pay the full amount of the damage suffered.

If any damage is being caused by the Publisher to the Licensee, who can produce evidence of the damage, the Publisher will pay compensation to the Licensee. This compensation paid by the Publisher will in all cases be limited to the (equivalent of an) annual subscription fee paid by the Licensee.

The Brepols Online website and the interfaces are subject to change without notice.

If the Publisher does not perform his material obligations and does not solve the material defaults within 30 days after notice is received in reasonable detail, the Licensee is entitled to terminate this Agreement, unless the Publisher can provide evidence that he cannot be held liable for the non-performance of his obligations.

Belgian law is applicable to these Terms & Conditions.

Nothing in these terms and conditions shall be construed as limiting or excluding any rights of the Licensee or its authorized Users – insofar as they qualify as research organizations or cultural heritage institutions – under, if and to the extent applicable, Article 3 of Directive (EU) 2019/790 and its national implementation concerning text and data mining for the purposes of scientific research. Any text and data mining activities falling outside the scope of that statutory exception - including those under Article 4 of the same Directive - and any use of the licensed materials for the development, training, or enhancement of generative artificial intelligence (AI) systems are strictly prohibited without the Publisher’s prior written consent. For the avoidance of doubt, this prohibition applies equally to commercial and non-commercial uses, except where the activity falls squarely within the scope of the lawful scientific research exception referred to in the preceding paragraph.

The Courts of Turnhout (Belgium) have jurisdiction in case of a conflict in this matter.

Definitions used in the Terms & Conditions:

"Database": a collection of systematically arranged data which are individually accessible by electronic means.

"the Brepols Online - website": the website published by Brepols Publishers offering online access to content (articles) from periodicals (called “Periodica”), miscellany books (called “Miscellanea”) or other books (http://www.brepolsonline.net). The website is operated by Ingenta.

"The Authorized Users": those persons who have access to and use of the Database through the Licensee's network, object of a separate Licence Agreement, in their relationship with the Licensee. Those persons may only be:

All staff members employed by the Licensee, including temporary staff members
Students accredited by the Licensee; registered users of the library
Visitors consulting the Database on-site, in the library/or on the campus, excluding remote access from outside campus or library buildings.

"Users": all kinds of Users who access the Brepols Online website, including the Licensee and his Authorized Users, private subscribers or Pay-per-view Users.

"IP address": a unique string of figures which identifies the computer of an Internet user.

"Extraction": the permanent or temporary transfer of all or a substantial part of the contents of the Brepols Online website to another medium by any means or in any form.

"Re-utilization": any form of making available to the public all or a substantial part of the contents of the Brepols Online website, by distribution of copies, by renting, by on-line or other forms of transmission.

"Education": the systematic and - according to accepted principles - organised transfer of elementary and comprehensive knowledge and skills by appointed and competent teachers to individuals or to a group of persons gathered together for that purpose.

"Scholarly research": the investigation of any subject of scholarship. "Substantial part": any part of the Database that can stand on its own as a coherent body of data which can be relevant for a larger audience or that represents a considerable amount of data from the Brepols Online website.

"Insubstantial part": any part of the Brepols Online website which cannot be considered to be a substantial part of it.

"Force majeure event": fire, flood, earthquake, elements of nature or Acts of God, acts of war, terrorism, riots, civil disorders, strikes, lockouts, labour difficulties, or any other similar cause beyond the reasonable control of a (non-performing) party.

Brepols Publishers n.v./s.a.
Begijnhof 67
B-2300 Turnhout
Belgium
VAT BE 0463.139.762
RPR Turnhout
Tel.: +32-14-448020
[email protected]